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HomeMy WebLinkAbout97-019 Lemke CUP ADDITIONAL MA TERIAL/PLANS AVAILABLE IN LARGE SCALE. SEE THE PLANNING DEPARTMENT FOR ASSISTANCE AT (952) 447-9810. ~dS~ YEAR: l117 ~, 1tf---e NOTICE OF HEARING FOR CONDITIONAL USE PERMIT You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21 and Fish Point Road), on Monday. March 24. 1997. at 6:30 p.m. or as soon thereafter as possible. APPLICANT: SUBJECT SITE: LEGAL DESCRIPTION: REQUEST: Paul W. Lemke 14624 Wilds Parkway Prior Lake, MN 55372 5116 Gateway Street This property is located north of Gateway Street, southeast of Highway 13, west of Jordan Avenue and east of Franklin Trail. That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter; thence East along the South line thereof a distance of 393.00 feet to a point hereinafter referred to as point A; thence North at right angles to said South line a distance of 173.00 feet; thence East parallel with said South line a distance of 717.34 feet more or less to a point 200.00 feet West of the East line of said Southwest Quarter of the Southwest Quarter; thence Northerly and parallel with said East line a distance of 246.91 feet to the actual point of beginning of the tract of land to be described; thence continuing Northerly parallel with said East line a distance of 70.60 feet; thence deflecting to the left at an angle of 82 degrees 15 minutes 01 seconds a distance of 376.61 feet, thence Northwesterly along a line drawn at right angles from the Southeasterly right-of- way line of State Trunk Highway No. 13 a distance of 143.62 feet to the Southeasterly right-of-way line of said State Trunk Highway No. 13; thence Southwesterly along said right-of-way line to its intersection with a line drawn North at right angles to the South line of said Southwest Quarter of the Southwest Quarter from the aforementioned point A; thence South along said line to its intersection with a line drawn West parallel with said South line of Southwest Quarter of the Southwest Quarter from the actual point of beginning; thence East along said parallel line to the actual point of beginning. The applicant is proposing to construct a professional office building and the accessory signs at the above location, zoned B-3 (General Business). The Prior Lake Zoning Ordinance requires a conditional use permit for this use in the B-3 district. If you are interested in this issue, you should attend this hearing. The Planning Commission will accept oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Jane Kansier Planning Coordinator City of Prior Lake TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON MARCH 8, 1997 1:\97files\97cup\97 -019\97019pn.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNm' EMPLOYER ~-~ -+- 'D ~~[g~lWi ~^,.~....., l l.f-lJ'(I ~~ { , . --, I I . i i' .. I 11 ./ ./ ' 'V Planning Case File No. Property Identification No. City of Prior Lake LAND USE APPLICATION jJ-()/1 . C(.J,/Q ~ 0 J J.-:t 16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245 Type of Application: Brief description of proposed project (attach additional o Rezoning, from (present zoning) sheets/narrative if desired) to (proposed zoning) o Amendment to City Code, Compo Plan or City Ordinance o Subdivision of Land o Administrative Subdivision tEl Conditional Use Permit o Variance o Other: ,/ .?U1' ),,_ /3-~ ~.:;.d n', ~ / 6l;;/~,h<, / of~/~~ Applicable Ordinance Section(s): Applicant(s): ~u/ tv. L.e,Hfre /;:). C. Address: /'/b;Jj/ W//tfJ A/,,,f~oq ,4.,or k~ Home Phone: '171 S- -7 cro g / Work Phone: M", ~tr'O -.;;J,;;)..5'.5: Property Owner(s) [If different from Applicants]: Address: Home Phone: Type of Ownership: Work Phone: Fee _ Contract for Deed _ Purchase Agreement---,- Legal Description of Property (Attach a copy if there is not enough space on this sheet): St?o.- q/kkt;l e the information provided in this application and other material submitted is correct. In evant sections of the Prior Lake Ordinance and procedural guidelines, and understand that cessed until deemed complete by the Planning Director or assignee. ;?--d~-77 Date Fee Owner's Signature 7,- j .- <f7 Date THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE PLANNING COMMISSION CITY COUNCIL APPROVED APPROVED DENIED DENIED DATE OF HEARING DATE OF HEARING CONDITIONS: Signature of Planning Director or Designee lu-app2.doc Date ,.----,.---,--'. ~-----. C:-'-, -,. -;",--,~. .'.:,,:,,:-'~'''''.T':' _~>:I:"n~" -.",""":r::~ '-~r','.'-":'~'~:''':~''''~''''''.-:~~''~ '__'_;"Y"f~.:: -',l.-'-.~.1t":-;::~~r:~',?~,-;..;'J,' ~'~;~ .,~~~ ~~F;.' i_:~',.;:::::~t~.. -':.S;. . ;j:' ',"? .-:r-.:....i(':.~:;,.-... -':.~>I-..';c'~.':-:'.J;>~~.~~;'['~. -, - N::! 29936 3/1 fer:r I f RECEIPT CITY 0 F PRIOR LAKE 16200 EAGLE CREEK AVE. S.E., PRIOR LAKE, MN 55372 DATE Received of ~ Wt2- . r-----, ~c.\...",-if... - UI/1^-t-e whose address and/or legal description is \ t.f C'l ;l q LA.)\ \ d c, PCv~ a...'---I the sum o~ -H\J\J' J.. l~,)JVv,ti ~ J ri --1- .t'U-'.-l -t K~1if::Iv-- do I I ars for the purpose of UU~ /) . 1 /J I, . CV\ d .ifi 11-'1\ oJ IJ s<Lt y ~1I',:,)- /)' pf/J.; (/ n-r;;"j , "'" .- or. $ .5SD!Y Reference Invoice No. (;' /~-'" ) i~. ;Y'1.4'UL.. j{ , Re~ei~t Clerk for J ' Ij . 1---P..-AAl4--CL -'--'" the City of Prior Lake CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST PROJECT NAME: LEMKE PROFESSIONAL OFFICE BUILDING An application for a conditional use permit to allow a professional office building in the B-3 (General Business) District. APPLICANT: Paul W. Lemke 14624 Wilds Parkway Prior Lake, MN 55372 PROJECT ENGINEERS: Dave Chant Design Advantage Inc. 7804 Upper 171st Street W. Lakeville, MN 55044 CONTACT PERSON: Paul Lemke SITE INFORMATION PID#: 25-936-012-1 LOCATION: 5116 Gateway Street This property is located north of Gateway Street, southeast of Highway 13, west of Jordan Avenue and east of Franklin Trail EXISTING ZONING: B-3 COMPREHENSIVE PLAN: C-CC Retail Shopping (Community) PROJECT REQUEST: Review application for compliance with applicable codes and recommend changes. DISTRIBUTE TO: APPLICATION FOR: x Frank Boyles x Greg IIkka Administrative Land Division x Blair Tremere Comprehensive Plan Amend. x Ralph Teschner x Jeff Evens x Conditional Use Permit X Paul Hokeness X Lani Leichty Home Occupation X Gary Staber Verlyn Raaen Rezoning X Don Rye X Doug Hartman Site Plan X Jane Kansier Preliminary Plat X JenniTovar Dick Powell PUD DNR - Pat Lynch X Minnegasco Final Plat X County Hwy. Dept. X Watershed Dist. Variance X MNDOT X Telephone Co. Vacation SMDC X Electric Co. Other Met. Council Date Received 3/4/97 Date Distributed 3/4/97 Date Due 3/14/97 Complete Application Date Distributed to 3/4/97 DRC Meeting 3/13/97 Date DRC Publication Date 3/8/97 Tentative PC Date 3/24/97 Tentative CC 4/7/97 Date 60 Day Review Date 5/4/97 Review Extension 1:\97files\97 cup\97 -019\referral.doc Page 1 MAR-21-1997 13:34 MINNEGASCO-NCCS 612 321 5573 P.01/01 I have reviewed the attached proposed request (Lemke Professional Office Building) for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System )<. Gas Building Code Erosion Control Other Recommendation: X Approval Denial Conditional Approval Comments: Signed: /!d~j 4f- Date: ~ ~ ~,-,~ Please return any comments by Friday, March 14. 1997, to Jane Kansier, ORe Coordinator City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-4230 Fax: (612) 447-4245 . 0 l..~ <S ~ 0 ~7 ~......,...m:,"I.'] . i i: I I MAR 2 I 1997; i I iI I: :II,)! l~i i 1:\91files\91eup\97 -Q19\r8f8rral.dQC: Page 2 TOTAL P.01 I: I) I have reviewed the attached proposed request (Lemke Professional Office Building) for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: Approval Denial Conditional Approval Comments: ~~ - ~ Signed: Date: Please return any comments by Friday. March 14. 1997, to Jane Kansier, ORC Coordinator City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-4230 Fax: (612) 447-4245 1:\97files\97 cup\97 -019\referral.doc Page 2 .--1 I have reviewed the attached proposed request (Lemke Professional Office Building) for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy /::) Septic System Gas + Building Code r ~\ " ~ ,,];4-., Erosion Control Other \ Recommendation: L Approval Denial Conditional Approval Comments: Signed: ~ Date: :l ~-e- -9 '7 Please return any comments by Friday. March 14. 1997, to Jane Kansier, ORC Coordinator City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-4230 Fax: (612) 447-4245 1:\97files\97 cup\97 -019\referral.doc Page 2 I have reviewed the attached proposed request (Lemke Professional Office Building) for the following: X Water City Code X Grading l' Sewer )( Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code X Erosion Control Other Recommendation: Approval Denial K..... Conditional Approval Comments: n-e f'oJhuJi'nj np~~ -jb ht>. r')U bmi71ed.,..i:zddre.>:~ed " . tinaA p\OJ\.-tv be. a.~~ .0. . bt C~ E~ined: Signed: ~t,,~~ Date: .-q-/2.- 97 Please return any comments by Friday. March 14. 1997, to Jane Kansier, ORC Coordinator City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-4230 Fax: (612) 447-4245 Page 2 1:\97files\97 cup\97 -019\referral.doc I have reviewed the attached proposed request (Lemke Professional Office Building) for the following: . Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: Approval Denial Conditional Approval e" '. ~~2~~~~L~~~ - ~-ff;,'Y ~ frZ~ .~A- ".L ~~ ~ ~ ./~. . ~l ~ r ~I . clv.LSr"L-Vr::!77. - /Ie //1/ h 6/ev/? 17~A.)t? n/t- -:/zY?'/ *~ / h.k-~~ ~~~/Y ~PNb ~A-r' ~ Signed: Date: Please return any comments by Friday. March 14. 1997, to Jane Kansier, DRC Coordinator City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-4230 Fax: (612) 447-4245 1:\97files\97 cup\97 -019\referral.doc Page 2 AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) ~. of the City of Prior Lake County of Scott, State of Minnesota, being duly om., says on the ~ d~ ' 1997, she served e attached list of ersons to have an inte~ th ~Ir '" _ . -it- -(91 , by mailing to them a copy thereof, enclosed in an envelope, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. Subscribed and sworn to be this _day of , 1997. NOTARY PUBLIC MAILAFFD.DOC PAGB ~ ~/ NEW ABSTRACTS CONTINUATIONS CLOSING SERVICE REGISTERED PROPERTY ABSTRACTS TITLE INSURANCE RECORDING SERVICE SCOTT COUNTY ABSTRACT AND TITLE, INC. 223 HOLMES STREET, P.O. BOX 300 SHAKOPEE, MINNESOTA 55379 David Moonen and Dale Kutter Telephone: (612) 445-6246 FAX: (612) 445-0229 February 20, 1997 Paul Lemke 14624 Wilds Parkway Prior Lake, Mn 55372 To Whom it may concern: According to the 1997 tax records in the Scott County Treasurer's Office, the following persons listed on Exhibit "A" are the owners of the property which lies within 500 feet of the following described property: That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter; thence East along the South line thereof a distance of 393.00 feet to a point hereinafter referred to as point A; thence North at right angles to said South line a distance of 173.00 feet; thence East parallel with said South line a distance of 717.34 feet more or less to a point 200.00 feet West of the East line of said Southwest Quarter of the Southwest Quarter; thence Northerly and parallel with said East line a distance of 246.91 feet to the actual point of beginning of the tract of land to be described; thence continuing Northerly parallel with said East line a distance of 70.60 feet; thence deflecting to the left at an angle of 82 degrees 15 minutes 01 seconds a distance of 376.61 feet; thence Northwesterly along a line drawn at right angles from the Southeasterly right of way line of State Trunk Highway No. 13 a distance of 143.62 feet to the Southeasterly right of way line of said State Trunk Highway No. 13; thence Southwesterly along said right of way line to its intersection with a line drawn North at right angles to the South line of said Southwest Quarter of the Southwest Quarter from the aforementioned point A; thence South along said line to its intersection with a line drawn West parallel with said South line of Southwest Quarter of the Southwest Quarter from the actual point of beginning; thence East along said parallel line to the actual point of beginning. ~!/L- David E. Moonen President SCOlTCOUNlY ABSTRACT AND1I11.E.1Ne. LIcensed AbSlracter State of Minnesota age 1 of 4 MEMBER MINNESOTA LAND TITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY City of Prior Lake 16200 Engle Creek Ave. Prior Lake, Mn 55372 John & Meda Kop 16000 Main Ave SE Prior Lake, Mn 55372 AVR, Inc. 6801 150th Street W. Apple Valley, Mn 55124 Lawrence & Geraldine Haferman 15831 Ridgemont Ave SE Prior Lake, MN 55372 Donald C. & Ardell Loehr 18077 Murphy Lake Blvd. Prior Lake, Mn 55372 First Bank Minneapolis South 601 2nd Ave S. Minneapolis, Mn 55402 George T. Holden P.O. Box 580792 Minneapolis~ Mn 55458 Page 2 of 4 Ronald L. & Sandra Haberkorn 6524 Smithtown Road Excelsior, Mn 55331 ISD 719 5300 Westwood Dr. SE Prior Lake, Mn 55372 Happy Hollow 15870 Franklin Trail SE Prior Lake, MN 55372 Ronn Hechter P.O. Box 167 Bayport, Mn 55003 Hattie L. Blabeborough 5280 160th Street SE Prior Lake, Mn 55372 Gary J. & Marilyn C. Revak 16361 Northwood Road NW Prior Lake, Mn 55372 William J. Schmokel 4151 Grainwood Cr. NE Prior Lake, Mn 55372 t.. . 1 Of=3 PAGES EXHlarr--tt-'" PAGE - Shakopee Medical Center 1335 E. 10th Ave. Shakopee, Mn 55379 Hechter Gateway Ltd Partnership P.O. Box 167 Bayport, Mn 55003 D & P Rentals III P.O. Box 1634 St. Cloud, Mn 56302 Jordan Real Estate of Prior Lake 15900 Jordan Ave SE Prior Lake, MN 55372 Dean A. McNeal 5114 160th Street SE Prior Lake, Mn 55372 Pamela J. Syverson 5116 160th Street SE Prior Lake, Mn 55372 Margaret A. Ondich 5120 160th Street SE Prior Lake,Mn 55372 Page 3 of 4 Terrle Ann Caduff 5110 160th Street Prior Lake, Mn 55372 Diana R. Turner 5134 160th Street SE Prior Lake, Mn 55372 Jean M. O'Neill 5136 160th Street E. Prior Lake, MN 55372 Douglas Boyle 5140 160th Street E. Prior Lake, Mn 55372 Paddy J. Vedeen 5130 160th Street Prior Lake, Mn 55372 Ronald L. & Sandra Haberkorn 6524 Smithtown Road Excelsior, Mn 55331 Star North American Group 254 Winnebago Drive Fond Du Lac, WI 54936 Ii. 2..0 3 PAGES EXHIBlT".I1: PAGE_ F MarIan Lyle & Debra Ann Jabs 5139 160th Street SE Prior Lake, Mn 55372 Delbert & Rosalia Busse 5101 160th Street SE Prior Lake, Mn 55372 Melvin O. & Orma S. Geister 5085 160th Street SE Prior Lake, Mn 55372 Eugene W. & Mary Lee Ryan 5051 160th Street SE Prior Lake, Mn 55372 Douglas & Christine Quiggle 16009 St. Paul Ave SE Prior Lake, Mn 55372 Page 4 of 4 1L . ~ ~ -:) PAGE:~ EXHH3IT"lI.~ PAOE~.~- -~ Resolution and Minutes L:\TEMPLA TE\FILEINFO.DOC RESOLUTION 97-08PC A RESOLUTION GRANTING A CONDITIONAL SIGN PERMIT TO PERMIT A MONUMENT SIGN AND WALL SIGNS FOR A CONDITIONAL USE (PERSONAL AND PROFESSIONAL SERVICES) ON PROPERTY LOCATED AT 5116 GATEWAY STREET (LEMKE PROFESSIONAL BUILDING) FOR LEMKE CHIROPRACTIC WHEREAS, Lemke Chiropractic has applied for a Conditional Sign Permit as required by Section 7.6 of the Zoning Ordinance in order to permit a monument sign and wall signs for a use requiring a conditional use permit at the following location, to wit: 5116 Gateway Street, legally described as: That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southwest comer of said Southwest Quarter of the Southwest Quarter; thence East along the South line thereof a distance of 393.00 feet to a point hereinafter referred to as point A; thence North at right angles to said South line a distance of 173.00 feet; thence East parallel with said South line a distance of717.34 feet more or less to a point 200.00 feet West of the East line of said Southwest Quarter of the Southwest Quarter; thence Northerly and parallel with said East line a distance of 246.91 feet to the actual point of beginning of the tract of land to be described; thence continuing Northerly parallel with said East line a distance of 70.60 feet; thence deflecting to the left at an angle of 82 degrees 15 minutes 01 seconds a distance of 376.61 feet; thence Northwesterly along a line drawn at right angles from the Southeasterly right-of-way line of State Trunk Highway No. 13 a distance of 143.62 feet to the Southeasterly right-of-way line of said State Trunk Highway No. 13; thence Southwesterly along said right-of-way line to its intersection with a line drawn North at right angles to the South line of said Southwest Quarter of the Southwest Quarter from the aforementioned point A; thence South along said line to its intersection with a line drawn West parallel with said South line of Southwest Quarter of the Southwest Quarter from the actual point of beginning; thence East along said parallel line to the actual point of beginning. WHEREAS, the Planning Commission has reviewed the application for conditional sign permit as contained in Case #97-019 and held hearings thereon on March 24, 1997; and WHEREAS, the Planning Commission has considered the effect of the proposed sign upon the property in the surrounding area and the effect of the proposed sign on traffic; and WHEREAS, because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed sign will not danger to the public safety, have a negative impact on surrounding property or 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER traffic, and unreasonably diminish or impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance; and WHEREAS, the contents of Planning Case 97-019 are hereby entered into and made a part of the public record and the record of decision for this case. Pursuant to Section 5-7-16 of the Ordinance Code the sign permit will be deemed to be null and void six (6) months from the date of approval if the holder of the sign permit has failed to complete the contemplated improvements. NOW, THEREFORE, BE IT RESOLVED BY the Planning Commission of the City of Prior Lake, Minnesota: A conditional sign permit is granted to permit the construction of a monument sign and wall signs for Lemke Professional Building as proposed in Exhibit A (the site plan submitted with the conditional sign permit application contained in Case file 97-019, dated March 12, 1997), attached to and made a part of the resolution. Adopted by the Board of Adjustment on March 24, 1997. ;(~~ William Criego, Cha r 1:\97fi1es\97cup\97-0 19\res97-08.doc 2 RESOLUTION 97-07PC RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE THE CONDITIONAL USE PERMIT FOR LEMKE PROFESSIONAL BUILDING. MOTION BY: VONHOF SECOND BY: WUELLNER WHEREAS: the Prior Lake Planning Commission conducted a public hearing on March 24, 1997, to consider an application from Paul Lemke for a Conditional Use Permit (CUP) for Lemke Professional Building; and 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 CUP for Lemke Professional Building; and WHEREAS: the Planning Commission finds the proposed use consistent with the Year 2010 Comprehensive Plan; and WHEREAS: the Planning Commission finds the CUP of Lemke Professional Building in harmony with both existing and proposed development in the area surrounding the project; and WHEREAS: the Planning Commission finds the proposed CUP of Lemke Professional Building 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 of Lemke Professional Building meets the criteria for approval of CUP is contained in Section 7-5 C 1-6 of the Zoning Ordinance and Section 3 of the City Code. RES97-07.DOC 16200 E~le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PRIOR LAKE, MINNESOTA, that it recommends the City Council approve the CUP for Lemke Professional Building subject to the following: 1. The applicant must submit a revised landscape plan indicating improvements to be made that meet all criteria of the landscape ordinance (Section 6.10, including an irrigation plan) as indicated in report including screening of parking along Gateway Street with multiple elements (not just a plantings). 2. The applicant must submit a lighting plan that meets City Code lighting standards and is approved by the Planning Department. 3. The applicant must submit a revised site plan indicating: · adequate snow storage along Gateway Street (as approved by City Engineer); · a loading berth (can be a designated parking stall). 4. The applicant must submit a utility plan indicating location and hook-up of utilities (sewer and water) and storm sewer and run-off directions. The applicant will be responsible for disconnection of hook-ups not used on the site, upon construction of building. 5. The applicant must submit a grading plan with proposed contours and erosion control to be approved by City Engineer. 6. The applicant must submit a drainage plan implementing infiltration methods such as those identified in MPCA's Best Management Practices (infiltration trenches, swales, etc.) to be approved by City Engineer. 7. The applicant must submit a Topographical Survey that is at an engineering scale and signed by a registered land surveyor. 8. A permit will be required if a storm sewer pipe is outletted into the T.R. 13 right-of- way. 9. The improvements must be done before certified copies of the resolution are released for recording at the county. The applicant has 30 days to submit plans that are meet the requirements of the ordinance and conditions set forth in Resolution 97 -07PC (City Code Section 5-6-5B). The applicant has until one year from the date of adoption of Resolution 97 -07PC to complete the required improvements and record the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). RES97-07.DOC JT 10. If the proposed parking/drive aisle is to be located on a city easement, a Permit Agreement for Private Use of Public Property/Easements must be executed between the city and the applicant. This document is to be drafted by the City Attorney. Passed and adopted this 24th day of March, 1997. YiS NO CRIEGO x CRIEGO KUYKENDALL KUYKENDALL STAMSON -X- STAMSON WUELLNER --x-- WUELLNER ---*-- VONHOF VONHOF fi.~ .. ttl~>. . . ~ . .4., , ..."1~ BIll . go, air Planning Commission Donald Rye, Direc or 0 City of Prior Lake RES97-07.DOC JT PLANNING COMMISSION MINUTES MARCH 24, 1997 1. Call to Order: The March 24, 1997, Planning Commission meeting was called to order by Chairman Criego at 6:31 p.m. Those present were Commissioners Criego, Stamson, Vonhof, and Wuellner, Director of Planning Don Rye, Planner Jenni Tovar and Recording Secretary Connie Carlson. 2. Roll Call: V onhof Wuellner Stamson Kuykendall Criego Present Present Present Absent Present 3. Approval of Minutes: Correction: Take Commissioner "Wuellner" out of first paragraph on page one. Vote taken signified ayes by Criego, Wuellner, V onhof and Stamson. MINUTES APPROVED. 4. Public Hearings: A. CASE #97-019 CONDITIONAL USE PERMIT REQUEST - Presented by Planner Jenni Tovar. The City received an application for a Conditional Use Permit (CUP) from Paul Lemke on March 4, 1997. The applicant proposes to construct an office/retail building on the north side of Gateway Street, across from Rademacher's. The proposed building will be 10,400 square feet. The upper level will be occupied by Lemke Chiropractic and two leased tenants. The lower level will be leased to three tenants. The property is zoned B-3 General Business. "Personal and professional services" are conditional uses in the B-3 zone and retail businesses are permitted uses. The subject site consists of 2 acres surrounded by commercial uses. The proposed building will be constructed on the westerly portion of the lot. The easterly portion of the parcel is to be undisturbed and remain natural. Staff recommended approval of the Resolutions with 10 conditions; 9 outlined in the staff report with an additional condition regarding a 25 foot roadway and utility easement. I: \97fi1es\97plcomm\pcmin\mn032497.doc Page 1 Comments from the public: Applicant commented he was in agreement with the staff report. Comments from the Commissioners: V onhof: · Questioned State Highway setbacks. Tovar responded the City's is 50 feet. · Questioned drainage near Highway 13. Tovar explained the drainage ditch near the Highway. · Tree requirements are met. · The floor level ofthe upper building will be even with Highway 13. · David Chant, 18896 Orchard Court, Lakeville, applicant's architect, described the retaining walls along the building. · Mr. Chant also explained the landscape design and does not see a problem with drainage on the parking lot. · Supported staff report with the outlined conditions. Wuellner: · Questions and concerns answered. Stamson: . Agreed with Wuellner. · Questioned the trash enclosure. Tovar said it met the City's code. . Supportive of staff recommendation. Criego: · Tovar explained the roadway easement on the parking lot. · The City Attorney would draft a liability contract between the City and applicant. · Mr. Chant explained the facade of the building. (Two tone earth-colored brick) · Supportive of staff with the provisions outlined. MOTION BY VONHOF, SECONDED BY WUELLNER, TO ADOPT RESOLUTION 97-07PC RECOMMENDING THE CITY COUNCIL APPROVE THE CONDITIONAL USE PERMIT FOR THE LEMKE PROFESSIONAL BUILDING WITH THE 9 CONDITIONS OUTLINED IN THE STAFF REPORT AND THE ADDITIONAL CONDITION REGARDING THE ROADWAY AND UTILITY EASEMENT. Vote taken signified ayes by all. MOTION CARRIED. Comment by V onhof regarding the sign permit - Based upon the staff report and the information received, the request is within the Ordinance required and consistent with the area. Commissioners concurred. 1:\97fi1es\97plcomm\pcmin\mn032497.doc Page 2 PUBLIC HEARING 31:J~/Cj 7 p~ jtU2l1H~_~ Conducted by the Planning Commission ~L lftubu (!up _&I:JSE~-1<I-{)19 The Planning Commission selcomes your comments in this matter. In fairness to all who choose to speak, we ask that, after speaking once, you allow everyone else to speak before you address the Commission again and limit your comments to clairification or new information. Please be aware this is the principal opportunity to provide input on this matter. Once the public hearing is closed, further tesitmony or comment will not be possible except under rare conditions. The City Council will not hear additional testimony when it considers this matter. Thank you. ATTENDANCE-PLEASE PRINT PHLIST.DOC PAGE 1 File No. 97-019 Variance STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) Doc. OFFICE OF 7.,,::: C8UNTY RECORDER f.fl SCOTT COUNT",. ::;r:mESOTl>. Certified ,~~E;C: and or Recorded ()n / Ie( ~~O__~_J~' Pat EOeCK.Da::, ':cunty Recorcer 392272 by_________ .__Depu :y The undersigned, duly qualified and City Manager of the City of Prior Lake, hereby certifies the attached hereto is a true and correct copy of the original. Resolution 97-26PC on file in the office ofthe City Planner, City of Prior Lake. Datedthis /3 daYOf~, 1997. -.(16200 E~~Y~ Ave. S.E., Prior Lake, Minnesota 5~2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 97-26 APPROVING A CONDITIONAL USE PERMIT TO CONDUCT "PERSONAL AND PROFESSIONAL SERVICES" AT LEMKE PROFESSIONAL BUILDING ON PROPERTY LOCATED IN THE B-3 GENERAL BUSINESS ZONING DISTRICT (5116 GATEWAY STREET) MOTION BY: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Kedrowsk( SECOND BY: Greenfield the Prior Lake Planning Commission conducted a public hearing on March 24, 1997, to consider an application from Paul Lemke for a Conditional Use Permit (CUP) for Lemke Chiropractic and Lemke Professional Building and the City Council heard the case on April 7, 1997; and notice of the public hearing on said CUP has been duly published In accordance with the applicable Prior Lake Ordinances; and 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 CUP of Lemke Professional Building and Lemke Chiropractic; and the Planning Commission and City Council find the proposed use consistent with the Year 2010 Comprehensive Plan; and the Planning Commission and City Council find the CUP of Lemke Professional Building and Lemke Chiropractic in harmony with both existing and proposed development in the area surrounding the project; and the Planning Commission and City Council find 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 of meets the criteria for approval of CUP is contained in Section 7-5 C 1-6 of the Zoning Ordinance and Section 3 of the City Code. NOW THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF PRIOR LAKE: that it approve the CUP for Lemke Professional Building for property located at: 5116 Gateway Street, legally described in attached Exhibit A; r:\couu.cil\resoluti\pl{lIl[es\rs9726cc.doc Pflg,l: L 16200 Eagle Creek Ave. S.t.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~}-q41-4245 AN EQUAL OPPORTUNITY EMPLOYER . . Subject to the following: 1. The applicant must submit a revised landscape plan indicating improvements to be made that meet all criteria of the landscape ordinance (Section 6.10, including an irrigation plan) as indicated in report including screening of parking along Gateway Street with multiple elements (not just a plantings). 2. The applicant must submit a lighting plan that meets City Code lighting standards and is approved by the Planning Department. 3. The applicant must submit a utility plan indicating location and hook-up of utilities (sewer and water) and storm sewer and run-off directions. The applicant will be responsible for disconnection of hook-ups not used on the site, upon construction of building. 4. The applicant must submit a grading plan with proposed contours and erosion control to be approved by City Engineer. 5. The applicant must submit a drainage plan implementing infiltration methods such as those identified in MPCA's Best Management Practices (infiltration trenches, swales, etc.) to be approved by City Engineer. 6. The applicant must submit a Topographical Survey that is at an engineering scale and signed by a registered land surveyor. 7. A permit will be required if a storm sewer pipe is outletted into the T.H. 13 right-of- way. 8. The improvements must be done before certified copies of the resolution are released for recording at the county. The applicant has 30 days to submit plans that are meet the requirements of the ordinance and conditions set forth in Resolution 97 -07PC (City Code Section 5-6-5B). The applicant has until one year from the date of adoption of Resolution 97 -07PC to complete the required improvements and record the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). 9. A Permit Agreementfor Private Use of Public Easements must be executed between the city and the applicant (Exhibit B). CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for Lemke Professional Building. The contents of Planning Case File #97-019 are hereby entered into and made a part of the public record and the record of the decision for this case. r: \council\resoluti\planres\rs9726cc.doc Page 2 . . Passed and adopted this 7th day of April, 1997. Andren Greenfield Kedrowski Mader Schenck {Seal} r:\counciI\resoluti\planres\rs9726cc.doc YES X X X X X Andren Greenfield Kedrowski Mader Schenck "~~-::_'"~:':;;'-'''::'~.~:c-,o:,:~''''''''''''_~'''~~'~''-.~',:!::",_,,..,--_~~ NO IL Page 3 05/13/97 11m 13:35 FAX 6124474245 CITY OF PRIOR LAKE ~005 Exhibit A (J..,epl Descriptioll,) That part of ltle Southwest Quarter of the Southwest Quarter of Section 36. Township 115, Range 22. Scott County, Minnesota, described as follows; Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter: thence East along the Soultlline thereof a distance of 393.00 feet to a point hereinafter referred to as point A; thence North at right angles to said South line a distance of 173.00 feet; thence East parallel with said Soult1line a dimnce of 717.34 feet more or less to a point 200.00 feet West of the East line of said Southwest Quarter of the Southwest Quar18r; thence Northerly and parallel with said East line a distance of 246.91 feet to the actual point of beginning of the tract of land to be describ8d; thence continuing Northerly parallel with said East line a distance of 70.60 feet; thence deflecting to the left at an angle of 82 degrees 15 minutes 01 seconds a distance of 376.61 feet; thence Northwesterly along a line drawn at right angles from the Southeasterly right-ot-way line of State Trunk Highway No. 13 a distance of 143.82 feet to the Southeasterly right-of-way line of said State TNnk Highway No. 13: thence Southwesterly along said right- Of~W8Y line to Its Intersection With a line drawn North at right angles to the South line of said Southwest Quarter of the Sou1tlwest Quarter from the aforementioned point A; thence Soult1 8101\9 said line to its intersection with a line drawn West parallel with said South line of Southwest Quarter of the Southwest QuartElr from the actual point of beginning; thence Ea&t along said parallel line to the actual point of beginning. .05/13/97 11m 13:35 FAX 6124474245 CITY OF PRIOR LAKE 141 006 EXHIBIT B PERMIT AGREEMENT FOa PRIVATE USE OF PUBLIC EASEMENTS THIS AGREEMENT is made and entered into the _ day of . 1997, by and between the CITY OF PRIOR LAKE, Minnesota, a municipal corporation (hereinafter referred to as "City"), and Paul Lemke, (hereinafter referred to as "Owner"). RECITALS WHEREAS, Owner is the fee owner of a tract of land in Scott County, Minnesota, located at 5116 Gateway Street, Prior Lake, and leially described as follows: That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southwest COrner of said Southwest Quarter of the Southwest Quarter; thence East along the South line thereof a distance of 393.00 feet to a point hereinafter referred to as point A; thence North at right angles to said South line a distance of 173.00 feet; thence East parallel with said South line a distance of 717. 34 feet more or less to a point 200.00feet West of the East line of said Southwest Quarter of the Southwest Quarter; thence Northerly and parallel with said EaSlline a distance of 246.91 fiet to the actual point of beginning of the fractofland to be described; thence continuing Northerly parallel with said East line a distance of 70. 60 feet; thence deflecting to the left at an angle of82 degrees 15 minutes 01 seconds a distance 01376.61 feet; thence Northwesterly along a line drawn at right angles from the Southeasterly right-of-way line of State Trunk Highway No. J 3 a distance of 143.62 feet to the Southeasterly right-aI-way line of said State Trunk Highway No. 13; thence Southwesterly along said right-ofway line to its intersection with a line drawn North at right angles to the South line of said Southwest Quarter of the Southwest Quarter from the aforementioned point A; thence South along said line to its intersection with a line drawn West parallel with said South line of Southwest Quarter of the Southwest Quarter from the actual point of beginning; thence East along said paraUelline to the actual point of beginning. (hereinafter referred to as "Owner's Property"); and WHEREAS, the City is the owner of roadway and utility easement on Owner's property legally described as follows: A permanent easement for roadway and utility purposes over, under and across that part of the North 25.00feet olthe south 444.91 feet of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota lying easterly of Jordan Avenue and westerly of the easterly 200.00 feet of said Southwest Quarter of the Southwest Quarter. , 05/13/97 11m 13:36 FAX 6124474245 CITY OF PRIOR LAKE ~007 WHEREAS, a portion of the parking lot serving Owner's Property encroaches on a portion of the easement within the Owner's property, as described on Exhibit A attached hereto (the encroached portion of the easement hereinafter referred to as the "Permit Property"); and WHEREAS, Owners have requested the City to authorize continued use of the Pennit Property for parking lot/drive aisle/landscaping pwposes; and WHEREAS, such continued use of the Permit Property is not inconsistent with cw:rent use of the easement by the City and the public; and WHEREAS, the City may in the future desire to use the Permit Property for other purposes which are not consistent with parking/drive aislellandscaping use, and therefore the City intends to retain all of its right, title, and interest in the Permit Property. NOW THEREFORE, the parties agree as follows: 1. Pennit. Owners shall be pennitted to use the Permit Property for parking lot/drive aisle/landscape purposes at Owner's sole expense and risk, and with full knowledge the City may, upon notice as provided herein, require Owner's parking lot/drive aisle/landscaping to be removed from the Permit Property at any future date~ at . Owner's expense. The Permit Property must be kept open to public use at all times, and not fence or other obstruction may be placed on the Permit Property without'the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 2. Maintenance of Permit PrQperty; Modification. Owner shall maintain the Penuit Property in good condition at all times, at their sole cost and expense. If Owner fails to do so, the City may cause the necessary repair or maintenance to be done at Owner's cost. If Owner fails to pay the City for such costs, the City may assess the costs against Owner's Property. Owner shall not make any modifications to the parking lot/drive islellandscaping or otherwise modify the permit Property without the prior written approval of the City) which may be given or withheld in the sole discretion of the City. 3. Termination. In the even the City desires to use the Permit Property for a purpose which is inconsistent with the parking lot/landscaping use by Owner, to be determined in the City's sole discretion, or in the event Owner fails to comply with any requirement of this Agreement within sixty (60) days after receiving a notice fonn the City requesting such compliance, the City through its City Manager may terminate this Agreement by giving ninety days (90) days written notice of termination to Owner by certified mail at the following address: 5116 Gateway Street, Prior Lake, Minnesota, 55372. Such notice may, at the City's option, require Owner to completely remove the 2 . 05/13/97 11m 13:37 FAX 6124474245 CITY OF PRIOR LAKE ~008 parking lot/drive isle land/landscaping from the Pennit Property within said ninety (90) day notice period, including all debris. If this Agreement is temrinated by the City as provided herein, Owner will be solely responsible for all costs and expenses related to construction of a parking lot/drive aisle/landscaping which is located on Owner's Property in accordance with all City Ordinances. If Owner fails to remove the parking lot/drive aisles/landscaping as required by a proper notice oftennination, the City may cause the removal to be done and costs of such work shall be paid by Owner, If Owner fails to pay the City for such costs, the City may assess the cost against the Owner's Property. 4. Future OeveloJ}ment. Owner understands and acknowledges the City may utilize the Pennit Property for roadway and utility purposes at some future date, and the design of such access shall be in the sole discretion of the city. In the event the City undertakes such development, and if this Agreement is not terminated by the City as provided above, Owner agrees to cooperate with the City as necessary to facilitate construction of such roadway and utility improvements, and the City agrees to use its best efforts to accommodate Owner's access over the Permit Property during construction. 5. Indemnity. Owner shall defend, indemnify, and hold harmless the City and its employees, subcontractors, agents, and representatives from and against all claims, damages, losses, Costs and expenses, including attorney's fees, which may be incurred by or asserted against the City or for which.the City may be held liable, which arise out of or result from use of the Pennit Property for parking lot/drive aisle/landscaping purposes, including but not limited to the maintenance. repair or removal of Owner's parking lot'drive aisle/landscaping. except liability caus~ solely by the negligence of the City. 6. In$lrance. As long as this pennit is in existence, Owner shall maintain a general liability insurance policy which provides coverage for the Permit Property for any damage to property of others or injuries to persons. Said insurance policy shall provide coverage on an occurrence basis in an amount no less than one hundred thousand dollars ($100.000.00), and shall include contractual liability coverage to provide coverage for the indenmification provision in Paragraph 5 above. Said policy shall contain a clause which provides that the insurer will not change, non-renew, or materially change the policy without first giving the City thirty (30) days prior written notice. Owner shall provide the City with a Certificate of Insurance for said policy which specifically details the conditions of this Paragraph 6. 7. Waiver 9(Claims. Owner acknowledges City'~ ownership of the Permit Property and knowingly waives any and ail claims against the City related to Owner's use of the Permit Property, including but not limited to claims of abandonment and contractual claims arising out of this Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. 3 05/13/97 11m 13:38 FAX 6124474245 CITY OF PRIOR LAKE 141 009 ," 8. Condition ofPropeJ1X. Owner accepts the Permit Property "as is" and the City makes no warranties regarding the conditions of the Permit Property or the suitability of the Permit Property for Owner's purposes. 9. Bindinll Effect, This Permit Agreement shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs. successors, or assigns. 10. Whole AiJ'eement: Modifications. This Agreement contains all of the terms and conditions relating to the permit granted herein, and replaces any oral agreements or other negotiations between the parties relating to the pennit. No modifications to this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 11. Recordation. Owner shall cause this Permit Agreement to be recorded in the office of the Scott County Recorder/Registrar of Titles at their cost and expense. IN WITNESS WHEREOF. the parties have executed this Agreement as of the date first above written. CITY OF PRIOR LAKE OWNER(S) By Lydia Andren, Mayor By Frank Boyles, City Manager STATE OF MINNESOTA) )SS COUNTY OF scon ) The foregoing instrument was acknowledged before me this _ day of · 1997. by Lydia Andren and Frank Boyles, the Mayor and City Manager respectively of the City of Prior Lake, on behalf of the City of Prior Lake through authority granted by its City Council. Notary Public 4 05/13/97 11m 13:38 FAX 6124474245 CITY OF PRIOR LAKE [4] 010 STATE OF MINNESOTA) )SS COUNTY OF SCOTT ) The foregoing instrwnent was acknowledged before me this _ day of > 1997, by , on behalf of the (corporation/partnership). Notary Public s MOTION BY KEDROWSKI SECOND BY SCHENCK TO CONDUCT A PUBLIC HEARING TO CONSIDER VACATION OF THE OTHER HALF OF THE POND AND MAINTAIN A DRAINAGE EASEMENT Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. C. Consider Approval of Mobile Data Terminal Lease Agreement with Scott County. Agreement-MORT Lease w/School MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE THE MOBILE DATA TERMINAL LEASE AGREEMENT WITH SCOTT COUNTY. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 8. . NEW BUSINESS: A. Consider Approval of Resolution 97-25 Authorizing Bonestroo, Rosene Resolution 97-25 and Anderlik Professional Services to Design Well #6. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-25 AUTHORIZING B ONES TROO, ROSENE AND ANDERLIK PROFESSIONAL SERVICES TO DESIGN WELL #6. · Councilmember Mader asked Public Works Director Ilkka if regarding Mount Simon / Hinckley Aquifer well, the City could get approval to invest money in the well and suddenly find they are not approved. · Public Works Director Ilkka said there will have to be an expenditure to get to the point of getting DNR approval. · Councilmember Mader asked if present capacity and demand were crossing. · Public Works Director Ilkka said that for the last two years, the City was . exceeding 400 million gallons per year, beyond its permit for the Jordan Aquifer. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. )> B. Res 97-26 Consider Approval of Resolution 97-26 Approving Conditional Use Permit for Lemke Professional Building. &*1 ~ Uv/n cJ 4--1-'17 14 ~~=~';';~.,:;:-~.:.,;.';.~-~~-;-_~~~~' _,_-'~"2:~~2':",~..~~~'~';"~~-.v~?:~~~'::"~:"':~;':':ii:.:-';";;:-;''v.,::;...~':r-_~:-;.~'~':~__'_~: ~_..:-..~.,':~ ::':.~-:--::~':.:::;~~..:-"'~":~'-:~.-....-'~,...-'"'-?>".,~-" .. -'. - -..- ..._....~-_..~'. ..,.....:..._;.;...~_....__,.-.-_~ . . __'__~"""'_'~_~'.L~_._..__, __....~..._ _ MOTION BY KEDROWSKI SECOND BY GREENFIELD TO APPROVE RESOLUTION 97-26 APPROVING CONDITIONAL USE PERMIT FOR LEMKE PROFESSIONAL BUILDING Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. c. Parks and Library . . Construction Strategy Conszder Approval of Park and Library Constructzon Strategy. . MOTION BY KEDROWSKI SECOND BY GREENFIELD TO APPROVE PARK AND LIBRARY CONSTRUCTION STRATEGY. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. D. Consider Approval of Resolution 97-27 Approving Final Plat of the Wilds 3rd Addition and Development Contract. Res 97-27 Wilds Addition MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-27 APPROVING THE FINAL PLAT OF THE WILDS 3RD ADDITION AND DEVELOPMENT CONTRACT · City Attorney Pace said this is a new form of Developers Contract. It is the first time it is being used, and article 41, as part of developers agreement, changes will be reflected and amended in document, "if requested by developer". · Developer Jim Stanton thanked the staff and City Attorney for working diligently on this new Developer's Agreement. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. E. Consider Approval of Resolution 97-28 Regarding Desired form of Watershed Governance for the Credit River WMO and Shako pee Basin WMO Res 97-28 Watershed MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-28 APPROVING THE REPORT REGARDING THE DESIRED FORM OF WATERSHED GOVERNANCE FOR THE CREDIT RIVER WMO AND SHAKOPEE BASIN WMO. 15 Correspondence L:\TEMPLA TE\FILEINFO.DOC Lemke Chiropractic 5116 Gateway street Prior Lake, MN 55372 December 2, 1997 City of Prior Lake 16200 Eagle Creek Ave. East Prior Lake, MN 55372 ATTENTION: City Inspection Department RE: Lemke Chiropractic Clinic letter is being written to notify you that on the landscape for the Lemke Chiropractic Clinic~ field stone was used in f key stone at the preference of both the builder, Lyle nd mys Lemke Chiropractic 5116 Gateway street Prior Lake, MN 55372 December 2, 1997 City of Prior Lake 16200 Eagle Creek Ave. East Prior Lake, MN 55372 ATTENTION: City Inspection Department RE: Lemke Chirppractic Clinic I, as owner of the Lemke Chiropractic Climic located at 5116 Gateway street, am aware of my duty and take full responsibility to remove snow from my parking lot and the street boulevard. Punch List Lemke Professional Building Project # 97-40 October 27, 1997 Per my field observation on Oct. 27, 1997 the following items from the Sept. 30, 1997 Punch List remain as items that are required by the Engineering department prior to final occupancy: 1. Provide 30" high berm between curbs in front of parking lot per the approve plans. 2. Provide copy of permit for the boulder retaining wall. 3. Provide written approval and explanation of why the wall type was changed from the approved set of plans. 4. Provide a mylar "As-built" survey of the entire site which includes, but is not limited to, actual elevations of all new utilities, ties to all valves, length of all pipes, size and type of all utilities, actual pond elevations, etc. 5. Correct erosion in the MnDOT ditch area. Place topsoil and seed per MnDOT requirements. 6. Extend bituminous spillway in the pond to the 936.0 contour (approx. 20' total length). 7. Provide copy of MnDOT permit to work in the right-of-way and permit to discharge storm water into the MnDOT ditch. 8. Install 12" RCP pipe from pond and indicated on sheet Gl. All work shall be in accordance with MnDOT requirements. 9. Grade pond on west side of property to match sheet G 1. Provide actual survey of pond and call the Engineering department prior to placing topsoil and turf establishment. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER '" 10. Remove all debris from the entire site and adjacent properties that are a result of this site development. Items include logs and debris on property just west ohhis property. 11. Restore all disturbed area adjacent to this property to their original condition. 12. Bring all valves and clean outs flush with finished surface. 13. Provide plans showing approval ofPVC pipe from the catch basin in the lower parking lot. /% I!~ Jeffrey T. Evens Engineering Technician IV CITY OF PRIOR LAKE ) MEMORANDUM DATE: TO: FROM: RE: October 1, 1997 Jay Scherer, Building Inspector Jenni Tovar, Planner Certificate of Occupancy Issuance #97-161 Lemke Chiropractic The following issues need to be submitted/addressed prior to Planning Department approval/sign off: . Landscaping per approved plan. . Lighting per approved plan. . Roof-top mechanical must be screened. . Landscaped area along Gateway- plans show 7' width for adequate snow storage. This measures 5' in the field. This must be addressed. If no change in the field is done, then an agreement between the City and property owner regarding the placement of snow must be agreed upon. . Submittal of an irrigation plan. All areas to be lawn landscaped must be irrigated. . Proof of transfer of insurance to commercial policy as required by the "Use of Easement Agreement". C:\JENNI\CERTOCC\97 -161.DOC f ~ ~~ ~~ L1 ~~t ,'Z. ~~~ "* .. ~ l~ \\ J tI .5~ - N ~ -- - ~ I I I I j , I J I i I , I i , j j I i j i I f I I I I I / I I I If i I J I i -if LJ :::: ~ -' ,,~ \ \ \ \ \ ! , I ) I i \ " ,\ Punch List Lemke Professional Building Project # 97-40 September 30, 1997 The following items are required by the Engineering department prior to final occupancy: 1. Provide parking lot striping per approved plans. 2. Provide 30" high berm between curbs in front of parking lot per the approve plans. 3. Provide copy of permit for the boulder retaining wall. 4. Provide written approval and explanation of why the wall type was changed from the approved set of plans. 5. Provide a mylar "As-built" survey of the entire site which includes, but is not limited to, actual elevations of all new utilities, ties to all valves, length of all pipes, size and type of all utilities, actual pond elevations, etc. 6. Establish turf on entire site per the approved plans. 7. Correct erosion in the MnDOT ditch area. Place topsoil and seed per MnDOT requirements. 8. Extend bituminous spillway in the pond to the 936.0 contour (approx. 20' total length). 9. Provide copy ofMnDOT permit to work in the right-of-way and permit to discharge storm water into the MnDOT ditch. 10. Install 12" RCP pipe from pond and indicated on sheet Gl. All work shall be in accordance with MnDOT requirements. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 11. Grade pond on west side of property to match sheet G 1. Provide actual survey of pond and call the Engineering department prior to placing topsoil and turf establishment. 12. Remove all debris from the entire site and adjacent properties that are a result of this site development. Items include logs and debris on property just west of this property. 13. Restore all disturbed area adjacent to this property to their original condition. 14. Bring all valves and clean outs flush with finished surface. 15. Provide plans showing approval ofPVC pipe from the catch basin in the lower parking lot. 16. Install all concrete side walk in accordance with the approved plans. t~t~ Engineering Technician IV CITY OF PRIOR LAKE :tf' E 5/'?pU-? /?-etf4P',hrJ~/ ~ ~ ,.0 _ f d/p'e-e ~ h~,L A#ve .>'/?p~~/k/_ ._. _... &H /#4!/'7~/"'~ ~/ 4~/A-e 5"//d.6~k.tJ7 ~ ~4e.>.t ~ -/0- if .. . fILE COpy June 9 , 1998 The Security Mutual Company of Lincoln, 200 Centennial Mall P. O. Box 82248 Lincoln, Nebraska Life, Insurance Nebraska North 68501-2248 Re: Premises: 5116 Gateway Street Prior Lake, Minnesota Ladies and Gentlemen: The undersigned hereby certifies with respect to the above property legally described in Exhibit A attached hereto (the ~Premises~) as follows: 1. The zoning code affecting the Premises is B-3 General Business 2. The Premises and its intended use as an office complex comply with the applicable zoning codes, ~-ordTnances ~~l:i-i-3..-cl-:i::ngr-'"eftv-i~~J:-a-nd:--ene-rgy-e0de3-, =-d-rnance-s- and regulations: x Yes No Comments: The issuance of a Certifiacte of Occupancy will confirm compliance with building and energy codes. A Certificate of Occupancy has not been issued for this structure. The approved building plans comply with building and energy codes. 3. There are no variances, conditional use permits or special use permits required for the construction of the improvements on the Premises or its uses. If there are, specify the same and the relevant terms or otherwise check here: None Comments: Conditional Use Permit 1197-27 permits "Personal and Professional Services". See attached Resoltuion #97-26 for approval and conditions. The Security Mutual Life Insurance Company of Lincoln, Nebraska June 9 ,1998 Page 2 4. The Premises comply with the subdivision ordinances affecting it and can be conveyed without the filing of a plat or replat of the Premises: -X-- Yes No Comments: s. The Premises comply with all setback and parking laws and regulations: -X.- Yes No Comments: 6. The Premises are located within a federally designated flood plain: Yes -X-- No If yes, specify the nature of the zone: 7. All appropriate and required city permits, licenses and approvals have been provided for the intended use of the Premises: ---1L Yes No Comments: If additional space is required for any of the above, please use the reverse side. The Security Mutual Life Insurance Company of Lincoln, Nebraska June 9 , 1998 Page 3 If there are any additional facts regarding the Premises and its proposed use which would be material consideration, please include that information: Signature of Authorized,p~rson: ~/111Y~ ~~~~ Type or Printed Name of SJ..gnatory: .Tpnni fpr 1'nv;:!r Title of Signatory: Pl;:!nnpr Date: Tl1TIP Q J 1 QQR Ci ty or Other Governmental Agency: r.; t'y nf "...; n... T ",1"" J MN }:xhibit A (Le~al Description) That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota, described as-follows: Commencing at the Southwest comer of said Southwest Quarter of the Southwest Quarter, thence East along the South line thereof a distance of 393.00 feet to a point hereinafter referred to as point A; thence North at right angles to said South line a distance of 173.00 feet; thence East parallel with said South line a distance of 717.34 feet more or less to a point 200.00 feet West of the East line of said Southwest Quarter of the Southwest Quarter, thence Northerly and parallel with said East line a distance of 246.91 feet to the acttJal point of beginning of the trad of land to be described; thence continuing Northerly parallel with said East line a distance of 70.60 feet; thence defleding to the left at an angle of 82 degrees 15 minutes 01 seconds a distance of 376.61 feet; thence Northwesterly along a line drawn at right angles from the Southeasterly right-of-way line of Slate Trunk Highway No. 13 a distance of 143.62 feet to the Southeasterly right-of-way line of said State Trunk Highway No. 13; thence Southwesterly along said right- of-way line to its intersec+jon with a line drawn North at right angles to the South line of said Southwest Quarter of the Southwest Quarter from the aforementioned point A: thence South along said line to its intersection with a line drawn West parallel with said South line of Southwest Quarter of the Southwest Quarter from the acttJal point of beginning: thence East along said parallel line to the adual point of beginning. RESOLUTION 97-26 APPROVING A CONDITIONAL USE PERMIT TO CONDUCT "PERSONAL AND PROFESSIONAL SERVICES" AT LEMKE PROFESSIONAL BUILDING ON PROPERTY LOCATED IN THE B-3 GENERAL BUSINESS ZONING DISTRICT (5116 GATEWAY STREET) MOTION BY: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Kedrowski SECOND BY: Greenfield the Prior Lake Planning Commission conducted a public hearing on March 24, 1997, to consider an application from Paul Lemke for a Conditional Use Permit (CUP) for Lemke Chiropractic and Lemke Professional Building and the City Council heard the case on April 7, 1997; and notice of the public hearing on said CUP has been duly published m accordance with the applicable Prior Lake Ordinances; and 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 CUP of Lemke Professional Building and Lemke Chiropractic; and the Planning Commission and City Council find the proposed use consistent with the Year 2010 Comprehensive Plan; and the Planning Commission and City Council fmd the CUP of .Lemke Professional Building and Lemke Chiropractic in harmony with both existing and proposed development in the area surrounding the project; and the Planning Commission and City Council find 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 of meets the criteria for approval of CUP is contained in Section 7-5 C 1-6 of the Zoning Ordinance and Section 3 of the City Code. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: that it approve the CUP for Lemke Professional Building for property located at: 5116 Gateway Street, legally described in attached Exhibit A; r:\cou!l.cil\resoluti\p1an.res\rs9726cc.doc Pj1~.L 16200 Eagle creek Ave. S.t.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~) "i41-4245 AN EQUAL OPPORTUNITY E,\1PLOYER Subject to the following: 1. The applicant must submit a revised landscape plan indicating improvements to be made that meet all criteria of the landscape ordinance (Section 6.10, including an irrigation plan) as indicated in report including screening of parking along Gateway Street with multiple elements (not just a plantings). 2. The applicant must submit a-lighting plan that meets City Code lighting standards and is approved by the Planning Department. 3. The applicant must submit a utility plan indicating location and hook-up of utilities (sewer and water) and storm sewer and run-off directions. The applicant will be responsible for disconnection of hook-ups not used on the site, upon construction of building. 4. The applicant must submit a grading plan with proposed contours and erosion control to be approved by City Engineer. 5. The applicant must submit a drainage plan implementing infiltration methods such as those identified in MPCA' s Best Management Practices (infiltration trenches, swales, etc.) to be approved by City Engineer. 6. The applicant must submit a Topographical Survey that is at an engineering scale and signed by a registered land surveyor. 7. A permit will be required if a storm sewer pipe is outletted into the T.R. 13 right-of- way. 8. The improvements must be done before certified copies of the resolution are released for recording at the county. The applicant has 30 days to submit plans that are meet the requirements of the ordinance and conditions set forth in Resolution 97-07PC (City Code Section 5-6-5B). The applicant has until one year from the date of adoption of Resolution 97-07PC to complete the required improvements and record the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). 9. A Permit Agreementfor Private Use of Public Easements must be executed between the city and the applicant (Exhibit B). CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for Lemke Professional Building. The contents of Planning Case File #97-019 are hereby entered into and made a part of the public record and the record of the decision for this case. r:\council\resoluti\planres\rs9726cc.doc Page 2 .".......... Passed and adopted this 7th day of April, 1997. Andren Greenfield Kedrowski ~-- - .... Mader Schenck {Seal} r:\council\resoluti\planres\rs9726cc.doc YES X X X X X Andren Greenfield Kedrowski Mader Schenck NO c Page 3 Exhibit A (Legal Description) That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115. Range 22, Scott County, Minnesota, described as-follows: Commencing at the Southwest comer of said Southwest Quarter of the Southwest Quarter; thence East along the South line thereof a distance of 393.00 feet to a point hereinafter referred to as point A; thence North at right angles to said South line a distance of 173.00 feet; thence East parallel with said South line a distance of 717.34 feet more or less to a point 200.00 feet West of the East line of said Southwest Quarter of the Southwest Quarter, thence Northerly and parallel with said East line a distance of 246.91 feet to the actual point of beginning of the tract of land to be described; thence continuing Northerly parallel with said East line a distance of 70.60 feet; thence deflecting to the left at an angle of 82 degrees 15 minutes 01 seconds a distance of 376.61 feet; thence Northwesterly along a line drawn at right angles from the Southeasterly right-of-way line of State Trunk Highway No. 13 a distance of 143.62 feet to the Southeasterly right-of-way line of said State Trunk Highway No. 13; thence Southwesterly along said right- of-way line to its intersection with a line drawn North at right angles to the South line of said Southwest Quarter of the Southwest Quarter from the aforementioned point A; thence South along said line to its intersection with a line drawn West parallel with said South line of Southwest Quarter of the Southwest Quarter from the actual point of beginning; thence East along said parallel line to the actual point of beginning. EXHIBIT B PERNDTAGREEMENTFOR PRIVATE USE OF PUBLIC EASEMENTS - TIDS AGREEMENT is made and entered into the _ day of , 1997, by and between the CITY OF PRIOR LAKE, Minnesota, a municipal corporation (hereinafter referred to as "City"), and Paul Lemke, (hereinafter referred to as "Owner"). RECITALS WHEREAS, Owner is the fee owner of a tract of land in Scott County, Minnesota, located at 5116 Gateway Street, Prior Lake, and legally described as follows: That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter; thence East along the South line thereof a distance of 393.00 feet to a point hereinafter referred to as point A; thence North at right angles to said South line a distance of 173.00 feet; thence East parallel with said South line a distance of717.34 feet more or less to a point 200.00feet West of the East line of said Southwest Quarter of the Southwest Quarter; thence Northerly and parallel with said East line a distance of 246.91 feet to the actual point of beginning of the tract of land to be described; thence continuing Northerly parallel with said East line a distance of 70. 60 feet; thence deflecting to the left at an angle of82 degrees 15 minutes 01 seconds a distance of376.61 feet; thence Northwesterly along a line drawn at right angles from the Southeasterly right-ol-way line of State Trunk Highway No. 13 a distance of 143.62 feet to the Southeasterly right-ol-way line of said State Trunk Highway No. 13; thence Southwesterly along said right-ol-way line to its intersection with a line drawn North at right angles to the South line of said Southwest Quarter of the Southwest Quarter from the aforementioned point A; thence South along said line to its intersection with a line drawn West parallel with said South line of Southwest Quarter of the Southwest Quarter from the actual point of beginning; thence East along said parallel line to the actuat point of beginning. (hereinafter referred to as "Owner's Property"); and WHEREAS, the City is the owner of roadway and utility easement on Owner's property legally described as follows: A permanent easement for roadway and utility purposes over, under and across that part of the North 25.00 feet of the south 444.91 feet of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota lying easterly of Jordan Avenue and westerly of the easterly 200.00 feet of said Southwest Quarter of the Southwest Quarter. .....~....., WHEREAS, a portion of the parking lot serving Owner's Property encroaches on a portion of the easement within the Owner's property, as described on Exhibit A attached hereto (the encroac~ed portion of the easement hereinafter referred to as the "Permit Property"); and WHEREAS, Owners have requested the City to authorize continued use of the Permit Property for parking lot/drive aisle/landscaping purposes; and WHEREAS, such continued use of the Permit Property is not inconsistent with current use of the easement by the City and the public; and WHEREAS, the City may in the future desire to use the Permit Property for other purposes which are not consistent with parking/drive aisle/landscaping use, and therefore the City intends to retain all of its right, title, and interest in the Permit Property. NOW THEREFORE, the parties agree as follows: 1. Permit. Owners shall be permitted to use the Permit Property for parking lot/drive aisle/landscape purposes at Owner's sole expense and risk, and with full knowledge the City may, upon notice as provided herein, require Owner's parking lot/drive aisle/landscaping to be removed from the Permit Property at any future date, at Owner's expense. The Permit Property must be kept open to public use at all times, and not fence or other obstruction may be placed on the Permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 2. Maintenance of Permit Property: Modification.. Owner shall maintain the Permit Property in good conditiGn at all times, at their sole cost and expense. If Owner fails to do so, the City may cause the necessary repair or maintenance to be done at Owner's cost. If Owner fails to pay the City for such costs, the City may assess the.costs against Owner's Property. Owner shall not make any modifications to the parking lot/drive isle/landscaping or otherwise modify the permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 3. Termination. In the even the City desires to use the Permit Property for a purpose which is inconsistent with the parking lot/landscaping use by Owner, to be determined in the City's sole discretion, or in the event Owner fails to comply with any requirement of this Agreement within sixty (60) days after receiving a notice form the City requesting such compliance, the City through its City Manager may terminate this Agreement by giving ninety days (90) days written notice of termination to Owner by certified mail at the following address: 5116 Gateway Street, Prior Lake, Minnesota, 55372. Such notice may, at the City's option, require Owner to completely remove the 2 parking lot/drive isle land/landscaping from the Permit Property within said ninety (90) day notice period, including all debris. If this Agreement is terminated by the City as provided herein, Owner will be solely responsible for all costs and expenses related to construction of a parking lot/drive aisle/landscaping which is located on Owner's Property in accordance with all City Ordinances. If Owner fails to remove the parking lot/drive aisles/landscaping as required by a proper notice of termination, the City may cause the removal to be done and costs of such work shall be paid by Owner, If Owner fails to pay the City for such costs, the City may assess the cost against the Owner's Property. 4. Future Development. Owner understands and acknowledges the City may utilize the Permit Property for roadway and utility purposes at some future date, and the design of such access shall be in the sole discretion of the city. In the event the City undertakes such development, and if this Agreement is not terminated by the City as provided above, Owner agrees to cooperate with the City as necessary to facilitate construction of such roadway and utility improvements, and the City agrees to use its best efforts to accommodate Owner's access over the Permit Property during construction. 5. Indemnity. Owner shall defend, indemnify, and hold harmless the City and its employees, subcontractors, agents, and representatives from and against all claims, damages, losses, costs and expenses, including attorney's fees, which may be incurred by or asserted against the City or for which the City may be held liable, which arise out of or result from use of the Permit Property for parking lot/drive aisle/landscaping purposes, including but not limited to the maintenance, repair or removal of Owner's parking lot/drive aisle/landscaping, except liability caused solely by the negligence of the City. 6. Insurance. As long as this permit is in existence, Owner shall maintain a general liability insurance policy which provides coverage for the Permit Property for any damage to property of others or injuries to persons. Said insurance policy shall provide coverage on an occurrence basis in an amount no less than one hundred thousand dollars ($100,000.00), and shall include contractual liability coverage to provide coverage for the indemnification provision in Paragraph 5 above. Said policy shall contain a clause which provides that the insurer will not change, non-renew, or materially change the policy without fITst giving the City thirty (30) days prior written notice. Owner shall provide the City with a Certificate of Insurance for said policy which specifically details the conditions of this Paragraph 6. 7. Waiver of Claims. Owner acknowledges City's ownership of the Permit Property and knowingly waives any and all claims against the City related to Owner's use of the Permit Property, including but not limited to claims of abandonment and contractual claims arising out of this Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. 3 '. , 8. Condition of Property. Owner accepts the Permit Property "as is" and the City makes no warranties regarding the conditions of the Permit Property or the suitability of the Permit Property for Owner's purposes. - 9. ~indin~ Effect. This Permit Agreement shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs, successors, or asSIgns. 10. Whole A~reement: Modifications. This Agreement contains all of the terms and conditions relating to the permit granted herein, and replaces any oral agreements or other negotiations between the parties relating to the permit. No modifications to this Agreement shall be valid until they have been placed in writing and signed by 'all parties hereto. 11. Recordation. Owner shall cause this Permit Agreement to be recorded in the office of the Scott County Recorder/Registrar of Titles at their cost and expense. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date fITst above written. CITY OF PRIOR LAKE OWNER(S) By Lydia Andren, Mayor By Frank Boyles, City Manager STATE OF MINNESOTA) )SS COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of , 1997, by Lydia Andren and Frank Boyles, the Mayor and City Manager respectively of the City of Prior Lake, on behalf of the City of Prior Lake through authority granted by its City Council. Notary Public 4 ''''''''''-'' ( " STATE OF MINNESOTA) )SS COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of , 1997, by , on behalf of the (corporation/partnership ). Notary Public 5 Received of the sum or--' for the purpose of CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE, MN 55372 (612) 447-4230, (612) 447-4245 RECEIPT # 32453 DATE: ~/lO!qo --- dollars $ / 0 c)' BUILDING PERMIT # BUILDING PERMIT # Building Permit Fee Plan Check Fee State Surcharge Plmb Pmt pp# Mech Pmt mc# (Heating only - $65.00) (Htg & Air - $100.00) (Fireplace - $40.00) (Air - $40.00) Swr/Wtr Pmt sw # Other 1,200.00 700.00 1,500.00 Total Building Permit Fee Plan Check Fee State Surcharge Park Support Fee SAC Plmb Pmt pp# Mech Pmt mc# Mech Pmt mc# Swr/Wtr Pmt sw# Pressure Reducer Water Meter Tree Preservation Deposit Swr/Wtr Connection Fee Water Tower Fee Builder's Deposit Other Total May 14, 1997 Manik Gurusinghe, Director Prior Lake Montessori School Day Care Center 15033 South Highway 13 Prior Lake, MN 55372 Dear Ms. Gurusinghe: You have inquired about the use of the Lemke Professional Building, at 5116 Gateway Street, for a day care facility. This property is zoned B-3 (General Business). A day care center is defined as a service to the public in which six or more children of school or preschool age are cared for during established business hours, and where no overnight facilities are provided. Day care centers are a permitted use in the B-3 district. If you have any questions, please contact me at 447-4230. Sincerely, Q.~ ~. Kansier, AICP Planning Coordinator 1:\97files\97 corres~ane\manik.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER "RIOO~TESSO LAKE ~ SCHOOL ~ DIRECTOR Menlk Guruelnghe CAY CARE CENTER 447-8845 1B033 B. H~ 13 Prior Leke, MN BB372 May 5, 1997 ATTENTION: JANE KENSlER As per our telephone conversation on Friday May 3rd, I understand that I will be able to operate a lincensed pre-school and childcare facility in the Lemke Professional 8~ilding that will be coming up soon at 5116, Gateway Street in Prior Lake. The school will be lincensed by the Department of Human Services for children aged 18 months to 12 years. I would greatly appreciate it if you could kindly confirm the above in writing, at your earliest convenience, in order for me to submit it to the State Licensing Department. Thank you, Sincerely, ~ ~{i~LK.2- -- fJ~ Manik Gurusinghe ~: CITY OF PRIOR LAKE 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372 FAX # 447-4245 .. TELEPHONE # (612) 447-4230 FAX COVER SHEET FAX#: I ~ 30 41fJJ~f/3 '( DATE: S- -( S -17 TO: --bY\.{ -5enff. Co. (2t~ FROM: ..JI1M wvtv,.- SUBJECT: fIN) Lemtt. ~SdtUhdY1 T1ME: MESSAGE: J-kre- IS Exh,hl1 IJ. :0rxr:; f{y ~ ; 11 Ct.Yl (/.e;t;enc....e. . \ P)J~' - -p. i J .j ....I- t ""'C~U1Ji re C<..fffIJl/d f't.5okJ-fr}f\. -1h~"-'5 Number of Pages Sent (Including This Page): /0 , . ,;.1 MAY-13-97 TUE 14:23 Paul Lemke D.C. 6124402255 P.02 '" From the desk of PAUL W. LEMKE, D.C. :r root' ' ot' ~ cv/d j."j ~....-- Telephone (612) 440-2225 16285 Main Avenue S.E. Prior Lake, Minnesota 55372 5-/;j.- 77 Y;/~n7 /~/-C- ,/$ file- rec.~pr ?/p~ I~-e 0h7 t"N(""';~'7) ....,../"4~-'<- cavH7 'O~ 06700-2963 (8-95 1 M) CUSTOMER RECEIPT PAT BOECKMAN SCOTT COUNTY REGISTRAR OF TITLES SCOTT COUNTY RECORDER COURTHOUSE ROOM 113 SHAKOPEE, MN 55379-1392 (612) 496-8143 OOOSCRO 5~i3-97#009 $19.50AB THIS DOCUMENT IS NOT VALID AS A RECEIPT UNTIL YOUR CHECK HAS CLEARED THE BANK ~e<J~-# 31~-~1~ - J - 'tli, ~~!:I Minnesota Department of Transportation APR 2 I 1997 Metropolitan Division Waters Edge 1500 West County Road 82 Roseville, MN 55113 April 11, 1997 Jane Kansier City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Dear Jane Kansier: SUBJECT: Lemke Professional Office Building Site Plan Review S97-018 South of Trunk Highway (TH) 13, West ofCSAH 39 Prior Lake, Scott County CS 7001 The Minnesota Department of Transportation (MnlDOT) has reviewed the Lemke Professional Office Building site plan. We find the plan acceptable for further development with consideration of the following comments. · A MnlDOT storm water drainage permit may be required for the proposed development. Hydraulic computations and drainage area maps, showing before and after conditions and addressing 100-year storms, must be submitted with the permit application. Existing drainage patterns and rates of runoff affecting MnlDOT right of way should be perpetuated. The site's storm water discharge rate ~t, no~ i!,\c.(ease. Any questions regarding Mn/DOT drainage concerns may be directed to ~~tIl}~ofour Water Resources Section at 797- 3090. Questions regarding the permit process may be directed to Bill Warden of our Permits Unit at 582-1443. je;.-e. t.I\:~.;\;~ ~ ,6t1 - 'J I · Our long range plans identify TH 13 widening in this vicinity by ten to twenty feet. We identifY this occurring within the next ten to thirty years. When this occurs, access to TH 13 at Franklin Trail North may be limited to a right-in/right-out only. For the TH 13 widening, we will need to acquire additional right of way where the building's proposed north parking area and segment of the driveway are. · We are concerned that development of the driveway and parking lot may result in work within our right of way. Any use of or work within MnlDOT right of way will require an approved Mn/DOT permit. The permit required depends upon the nature of the proposed work. As previously noted, Bill Warden of our Permits Section may be contacted for further information regarding the permit process. An equal opportunity employer .. Jane Kansier April 11, 1997 page two Please contact me at 582-1654 with any questions regarding this review. Scott Peters Senior Transportation PlannerlLocal Government Liaison c: Brad Larson, Scott County Engineer Hlt--~. · April, 8 1997 filE COpy Paul Lemke 14624 Wilds Parkway Prior Lake, MN 55372 RE: CUP for Lemke Professional Building Dear Mr. Lemke On April 7, 1997 the City Council passed Resolution #97-27 (enclosed) approving a Conditional Use Permit for Lemke Professional Building. There are 9 conditions as part of that approval. In addition to submitting plans, the enclosed Permit Agreement for use of the easement must be executed. You will need to sign the agreement and have your signature notarized. This can be done at the Planning Department, where the secretary can notarize your signature. Part of the Permit Agreement requires you to provide insurance on your use of the easement. Your are responsible for providing proof of this insurance to the City. Condition #8 of Resolution #97-27 requires that all required plans be submitted within 30 days. Therefore, you have until May 7, 1997 to provide the City with the plans as outlined in Resolution #97-27 and the signed Permit Agreeement. You have until April 7, 1998 to complete the required improvements and record Resolution #97-27 with the Scott County Recorder. Upon approval of the submitted plans, you will be able to then apply for a building permit. The Building Department strives to review and approve application within two weeks. However, this time period is dependent upon the submittal of complete and revised materials as needed. If you have any questions about building permit requirements or structural details, please contact Gary Staber, Building Official. Sincerely, , j : l~10<< ~ Jln: Tovar Planner c: David Chant, Design Advantage 16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER fllE tO~' May 2, 1997 Paul Lemke 14624 Wilds Parkway Prior Lake, MN 55372 RE: CUP for Lemke Professional Building Dear Mr. Lemke, I just wanted to remind you that all necessary plans, as required in the resolution that the City Council adopted to approve your Conditional Use Permit, must be submitted to the Planning Department by May 7, 1997. If we do not receive the required plans and the signed "Use of Easement Agreement", then your CUP will be null and void. I am enclosing a copy of the letter I sent to you and David Chant, Design Advantage, on April 8, 1997. Please call me if you have any questions. I ~jF/'7 H'Y A ) / V l/ L,V'-" o nni Tovar Planner cc: David Chant, Design Advantage 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~"",J t\"\ '~;, I 1'~1.- ~'~ ~ April, 8 1997 fiLE COpy Paul Lemke 14624 Wilds Parkway Prior Lake, MN 55372 RE: CUP for Lemke Professional Building Dear Mr. Lemke On April 7, 1997 the City Council passed Resolution #97-27 (enclosed) approving a Conditional Use Permit for Lemke Professional Building. There are 9 conditions as part of that approval. In addition to submitting plans, the enclosed Permit Agreement for use of the easement must be executed. You will need to sign the agreement and have your signature notarized. This can be done at the Planning Department, where the secretary can notarize your signature. Part of the Permit Agreement requires you to provide insurance on your use of the easement. Your are responsible for providing proof of this insurance to the City. Condition #8 of Resolution #97-27 requires that all required plans be submitted within 30 days. Therefore, you have until May 7, 1997 to provide the City with the plans as outlined in Resolution #97-27 and the signed Permit Agreeement. You have until April 7, 1998 to complete the required improvements and record Resolution #97-27 with the Scott County Recorder. Upon approval of the submitted plans, you will be able to then apply for a building permit. The Building Department strives to review and approve application within two weeks. However, this time period is dependent upon the submittal of complete and revised materials as needed. If you have any questions about building permit requirements or structural details, please contact Gary Staber, Building Official. Sincerely, _ j :l/~ ~ J.i:u Tovar Planner c: David Chant, Design Advantage 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER / CITY OF PRIOR LAKE 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372 FAX # 447-4245 . TELEPHONE # (612) 447-4230 FAX COVER SHEET FAX#: q : t[ ~- ~9.~ -IJ-O<{ DATE: 0..-7,-97 TO: Dave Chan t FROM: ~n/. TOJa..,y Um Ju TIME: SUBJECT: MESSAGE: 1M cuP I S On COVrLi{ AdL~~ (of 4-0 Vl/:Jht. CaLI (-9 you VJCutH1J t/Gsdi'l)'nS. Number of Pages Sent (lncluding This Page): / {/J .1 5:30 - 6:30 p.m. Joint CC/LAC Meeting REGULAR COUNCIL MEETING AGENDA Date: April 7, 1997 1. CALL TO ORDER ............................................................................... 7:30 p.m. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES A. February 26, 1997 B. March 17, 1997 4. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of Building Permit Report for March. C. Consider Approval of Final Change Order and Payment for Maintenance Center. D. Consider Approval of Prior Lake Spring Lake Watershed District Agreement Regarding Control of Eurasian Millfoil. E. Consider Approval of Ordinance 97-XX Revising the Massage Therapy Ordinance to Clarify Inspection of Premises Used for Massage Therapy. F. Consider Approval of Ordinance 97-XX Amending the Tobacco Ordinance to Bring Consistency with Federal Age Requirements. G. Consider Approval of Resolution 97-XX Approving Extension of Time for Buckingham Recycling, Inc. Conditional Use Permit. 5. PRESENTATIONS: A. Proclamation Recognizing the Contributions of the Prior Lake Volunteer Fire Department. B. The Referendum Passed, "Now the Fun Begins." Jon Gurban, Executive . Director of the Minnesota Recreation and Park Association. C. Consider Referendum Financing Strategy. 6. PUBLIC HEARINGS: A. Public Hearing to Consider Approval of Resolution 97-XX Approving the Formation of Tax Increment Financing District 2-8. 16200 Eaigle&Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4474245 AN EQUAL OPPORTUNTlY EMPLOYER 7. 8. -7 9. B. Public Hearing to Consider Approval of Resolution 97-XX Approving the 1997 Public Improvement Projects and Preparation of Plans and Specifications Therefore. C. Vacation of Holly Court (to be continued). OLD BUSINESS: A. Consider Approval of Annexation Report and Recommendations. B. Consider Approval of Ordinance 97-XX Rezoning Property from the A-I (Agricultural) District to the R-l (Suburban Residential) District for "Windstar Addition". C. Consider Approval of Mobile Data Terminal Lease Agreement with Scott County. NEW BUSINESS: A. Consider Approval of Resolution 97-XX Authorizing Bonestroo, Rosene and Anderlik Professional Services to Design Well #6. B. Consider Approval of Resolution 97-XX Approving Conditional Use Permit for Lemke Professional Building. C. Consider Approval of Park and Library Construction Strategy. D. Consider Approval of Resolution 97-XX Approving Final Plat of the Wilds 3rd Addition and Development Contract. E. Consider Approval of Report Regarding Desired form of Watershed Governance for the Credit River WMO and Shakopee Basin WMO OTHER BUSINESS: A. Executive Session to Discuss Pending Litigation. 10. ANNOUNCEMENTS/CORRESPONDENCE A. Update on Status of Mark Michael Home Occupation Permit. 11. ADJOURNMENT 4797.DOC February 26, 1997 Design Advantage Inc. David Chant 7804 Upper 161st Street Lakeville, MN 55044 RE: Site Plan for Lemke Professional Building Dear Mr. Chant As a follow-up to our meeting on Friday, February 21, 1997, I have discussed the following issues with Jane Kansier. . Sign Frontage: The property front 2 streets (Gateway and HWY. 13). The sign ordinance calculates sign area based on 20% of the facades that front on these streets. However, you can locate the signs facing streets that the building is orientated toward. This means that the total sign allowed facing Gateway (south side of build in g) is 20% and all of that allowable signage must be placed facing Gateway. The total sign allowed facing HWY. 13 (the west side of the building) is 20%, however it can be placed on the west or south side of the building facing HWY. 13 (but cannot exceed the total allowable area of 20% of the facade facing HWY. 13).. . Trash Enclosures: The ordinance requires waste and garage to be kept in containers enclosed within walls. If the enclosure in 6 feet or less in height and does not have a roof, then we treat it as a fence, and it can be placed up to the property line. If the enclosure is higher than 6 feet or has a roof on it, it must meet building setback requirements. . Curbing in Parking Lot: Curb stops or curbs are required to enclose the parking areas. This prohibits people from driving on the grass or blocking the sidewalk. Curb or stops will be required along the fronts all of the proposed parking areas (including turnarounds and aisle between rows of parking) which abut landscaped areas or sidewalks along the building. Generally, curbing is not required for the drive aisles. However, if it is necessary for storm run-off (as determined by Engineering Department), then it will be required. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . · Parking Lot Screening: The drive aisle does not need to be screened. Parking areas (stalls, turnaround and aisle between rows of parking) will need to be screened. Additional plantings (coniferous )/berm is required to screen the parking closest to HWY. 13 (on the lower level). Also, the parking lot on the upper level need to be screen from Gateway. Berms or shrubs/plantings are acceptable. If you have any question please call Jane or myself. In order to place this conditional use application on the March 24, 1997 Planning Commission agenda, the planning department must receive your application by Monday, March 3, 1997. Sincerely, · JI7JCU/ Staff Reports L:\TEMPLA TE\FILEINFO.DOC AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: STAFF AGENDA REPORT 88 JENNI TOVAR, PLANNER,~P( CONSIDER APPROVAL OF RESOLUTION #97-XX APPROVING CONDITIONAL USE PERMIT FOR LEMKE PROFESSIONAL BUILDING APRIL 7, 1997 Mr. Paul Lemke has applied for a Conditional Use Permit (CUP) at property located at 5116 Gateway Street. The property is zoned B-3 General Business. "Personal and professional services" are conditional uses in the B-3 zoning district. A public hearing was held on March 24, 1997 before the Planning Commission. The Planning Commission has unanimously recommended approval this CUP, with 10 specific conditions as stated in Resolution #97 -07. The applicant has since revised the site plan to comply with Condition #3 of Resolution 97-07. Hence, the proposed resolution contains one less condition. The Planning Commission approved a conditional sign permit for a monument sign and wall signs for the proposed conditional use. Section 7.5(C) sets forth criteria for approval of a CUP. These criteria and the staff analysis of compliance with these criteria are as follows: 1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this Ordinance. The proposed use is consistent with the conditional use and permitted use provisions for the B-3 General Commercial zoning district and conforms to all general regulations of the Zoning Ordinance (upon satisfaction of conditions). A portion of the parking lot/drive aisle/landscaping (10 feet) is located within a City easement. The Planning Commission recommended approval of this encroachment with the completion of a " Use of Public Easement" agreement (attached and conditioned in the resolution). I :\97fi1es\97 cup\97 -019\97-0 19CC.DOC 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious, or noxious to any other property or persons, shall comply with the performance standards listed below. lIe proposed uses are office/professional services and retail tenants. Adjacent uses are that of office and professional service, a bank, and a retail center. The proposed use does not appear to be dangerous, injurious, or noxious to any other property or persons. 3. The proposed use shall be sited, oriented and landscaped to produce harmonious relationship of buildings and grounds adjacent to buildings and properties. The following table depicts Landscape Requirements and how the applicant has addressed them. Trees Entry Parking Islands Parking Screening Other Screening (Service Storage Areas) Plans Ordinance Requirement 25 Trees (1/40' perimeter of area being disturbed 981 feet) Entry areas to be landscaped (no specific required plantings) One every 180' Combination of elements on new parking lots (Berm, plantings, fence) 6 Foot screen, combination of fence/planting/berms. Prepared by a Certified or Registered Landscaped Architect. Applicant Proposal 20 Trees Entries are landscaped on both sides with trees and shrubs. N/A Shrubs and berm along Gateway Street, trees along HWY. 13. 6' Trash enclosure ofsarne materials as principle building with landscaping. Plans not signed. The applicant must revise the landscape plan to provide the minimum required plantings (25 trees). There are 3 significant trees on the east portion of the site that will remain undisturbed (no landscape credit given, as the undisturbed area was not used in calculating perimeter). 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. 1:\97files\97 cup\97 -019\97 -0 19CC.DOC 2 1:\97fi1es\97cup\97-0 19\97 -0 19CC.DOC The building will be finished with brick and have architectural metal entrances. The proposed materials and landscaping is consistent with adjacent uses and the effect on the environment of the neighborhood is minimal. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion within the neighborhood. The proposed project provides sufficient area for vehicular parking. The ordinance requires 46 stalls, based upon the proposed uses. The applicant is proposing 47 stalls. Due to the topography, the building and parking will be accessed on the second floor on the south side and on the first floor on the north side. The applicant shows all parking areas to be paved, striped, and curbed. There are two existing curb cuts on Gateway Street. One will be relocated 30 feet to the west for access. Gateway is a local street that feeds in to Franklin Trail and up to 160th Street or to HWY. 13. Traffic congestion is expected to be minimized as it is directed from Gateway Street to Franklin Trail, 160th Street and HWY. 13. 6. The proposed use shall preserve the objectives of this Ordinance and shall be consistent with the Comprehensive Plan. The Comprehensive Plan designates this property as C-CC Retail Shopping (Community). The performance standards are set forth in Section 7.5(D) and relate to the following factors; · Fire protection . Noise . Odors . Glare . Water pollution. · Electrical disturbance, . Vibrations, . Air pollution, . Erosion, The proposed project is not expected to result in any of the nuisance factors set forth in the performance standards and is thus consistent with these standards. 3 ISSUES: The City Council must determine if the applicant meets the requirements for granting a CUP as listed. The Planning Commission and staff feel that most of the criteria have been met and the plans can be revised and submitted to meet the other criteria. The attached resolution grants the CUP with specific conditions to meet the listed criteria within a designated time frame. Revised drawings & plans (dated 3/27/97) reflect most of the conditions the Planning Commission recommended. The attached resolution lists conditions to address those issues that remain unsatisfied. Revised drawings & plans must be submitted within 30 days of adoption of the resolution and completion of the improvements must be done within one year of adoption of the resolution. ALTERNATIVES: 1. Approve the CUP by adopting Resolution #97-XX. 2. Deny the CUP by directing staff to prepare a resolution of denial with findings supporting such action. 3. Other specific action as directed by the Council. RECOMMENDATION: Alternative #1. ACTION REQUIRED: Adoption of Resolution #97-XX approving a CUP for Lemke Professional Building. 1:\97fi1es\97cup\97-0 19\97-0 19CC.DOC 4 RESOLUTION 97-XX APPROVING A CONDITIONAL USE PERMIT TO CONDUCT "PERSONAL AND PROFESSIONAL SERVICES" AT LEMKE PROFESSIONAL BUILDING ON PROPERTY LOCATED IN THE B-3 GENERAL BUSINESS ZONING DISTRICT (5116 GATEWAY STREET) MOTION BY: SECOND BY: WHEREAS, the Prior Lake Planning Commission conducted a public hearing on March 24, 1997, to consider an application from Paul Lemke for a Conditional Use Permit (CUP) for Lemke Chiropractic and Lemke Professional Building and the City Council heard the case on April 7, 1997; and 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 CUP of Lemke Professional Building and Lemke Chiropractic; and WHEREAS, the Planning Commission and City Council find the proposed use consistent with the Year 2010 Comprehensive Plan; and WHEREAS, the Planning Commission and City Council find the CUP of Lemke Professional Building and Lemke Chiropractic in harmony with both existing and proposed development in the area surrounding the project; and WHEREAS, the Planning Commission and City Council find 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 of meets the criteria for approval of CUP is contained in Section 7-5 C 1-6 of the Zoning Ordinance and Section 3 of the City Code. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: that it approve the CUP for Lemke Professional Building for property located at: 5115 Gateway Street, legally described in attached Exhibit A; 16200 E!i~lf~~~-~~~emP'Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~ry-4245 AN EQUAL OPPORTUNITY EMPLOYER Subject to the following: 1. The applicant must submit a revised landscape plan indicating improvements to be made that meet all criteria of the landscape ordinance (Section 6.10, including an irrigation plan) as indicated in report including screening of parking along Gateway Street with multiple elements (not just a plantings). 2. The applicant must submit a lighting plan that meets City Code lighting standards and is approved by the Planning Department. 3. The applicant must submit a utility plan indicating location and hook-up of utilities (sewer and water) and storm sewer and run-off directions. The applicant will be responsible for disconnection of hook-ups not used on the site, upon construction of building. 4. The applicant must submit a grading plan with proposed contours and erosion control to be approved by City Engineer. 5. The applicant must submit a drainage plan implementing infiltration methods such as those identified in MPCA's Best Management Practices (infiltration trenches, swales, etc.) to be approved by City Engineer. 6. The applicant must submit a Topographical Survey that is at an engineering scale and signed by a registered land surveyor. 7. A permit will be required if a storm sewer pipe is outletted into the T.H. 13 right-of- way. 8. The improvements must be done before certified copies of the resolution are released for recording at the county. The applicant has 30 days to submit plans that are meet the requirements of the ordinance and conditions set forth in Resolution 97-07PC (City Code Section 5-6-5B). The applicant has until one year from the date of adoption of Resolution 97 -07PC to complete the required improvements and record the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). 9. A Permit Agreementfor Private Use of Public Easements must be executed between the city and the applicant (Exhibit B). CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for Lemke Professional Building. The contents of Planning Case File #97-019 are hereby entered into and made a part of the public record and the record ofthe decision for this case. 1:\97files\97cup\97-0 19\rescc.doc Page 2 Passed and adopted this 7th day of April, 1997. Andren Greenfield Kedrowski Mader Schenck {Seal} 1:\97fi1es\97cup\97-0 19\rescc.doc YES Andren Greenfield Kedrowski Mader Schenck NO City Manager, City of Prior Lake Page 3 Exhibit A (Legal Description) That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southwest comer of said Southwest Quarter of the Southwest Quarter; thence East along the South line thereof a distance of 393.00 feet to a point hereinafter referred to as point A; thence North at right angles to said South line a distance of 173.00 feet; thence East parallel with said South line a distance of 717.34 feet more or less to a point 200.00 feet West of the East line of said Southwest Quarter of the Southwest Quarter; thence Northerly and parallel with said East line a distance of 246.91 feet to the actual point of beginning of the tract of land to be described; thence continuing Northerly parallel with said East line a distance of 70.60 feet; thence deflecting to the left at an angle of 82 degrees 15 minutes 01 seconds a distance of 376.61 feet; thence Northwesterly along a line drawn at right angles from the Southeasterly right-of-way line of State Trunk Highway No. 13 a distance of 143.62 feet to the Southeasterly right-of-way line of said State Trunk Highway No. 13; thence Southwesterly along said right- of-way line to its intersection with a line drawn North at right angles to the South line of said Southwest Quarter of the Southwest Quarter from the aforementioned point A; thence South along said line to its intersection with a line drawn West parallel with said South line of Southwest Quarter of the Southwest Quarter from the actual point of beginning; thence East along said parallel line to the actual point of beginning. EXHIBIT B PERMIT AGREEMENT FOR PRIVATE USE OF PUBLIC EASEMENTS THIS AGREEMENT is made and entered into the _ day of , 1997, by and between the CITY OF PRIOR LAKE, Minnesota, a municipal corporation (hereinafter referred to as "City"), and Paul Lemke, (hereinafter referred to as "Owner"). RECITALS WHEREAS, Owner is the fee owner ofa tract of land in Scott County, Minnesota, located at 5116 Gateway Street, Prior Lake, and legally described as follows: That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter; thence East along the South line thereof a distance of 393.00 fiet to a point hereinafter referred to as point A; thence North at right angles to said South line a distance of 173.00 feet; thence East parallel with said South line a distance of 717. 34 feet more or less to a point 200.00 feet West of the East line of said Southwest Quarter of the Southwest Quarter; thence Northerly and parallel with said East line a distance of 246.91 feet to the actual point of beginning of the tract of land to be described; thence continuing Northerly parallel with said East line a distance of70.60feet; thence deflecting to the left at an angle of82 degrees 15 minutes 01 seconds a distance of 376.61 feet; thence Northwesterly along a line drawn at right angles from the Southeasterly right-aI-way line of State Trunk Highway No. 13 a distance of 143. 62 feet to the Southeasterly right-aI-way line of said State Trunk Highway No. 13; thence Southwesterly along said right-ol-way line to its intersection with a line drawn North at right angles to the South line of said Southwest Quarter of the Southwest Quarter from the aforementioned point A; thence South along said line to its intersection with a line drawn West parallel with said South line of Southwest Quarter of the Southwest Quarter from the actual point of beginning; thence East along said parallel line to the actual point of beginning. (hereinafter referred to as "Owner's Property"); and WHEREAS, the City is the owner of roadway and utility easement on Owner's property legally described as follows: A permanent easement for roadway and utility purposes over, under and across that part of the North 25.00 feet of the south 444.91 feet of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota lying easterly of Jordan Avenue and westerly of the easterly 200.00 feet of said Southwest Quarter of the Southwest Quarter. WHEREAS, a portion of the parking lot serving Owner's Property encroaches on a portion of the easement within the Owner's property, as described on Exhibit A attached hereto (the encroached portion of the easement hereinafter referred to as the "Permit Property"); and WHEREAS, Owners have requested the City to authorize continued use of the Permit Property for parking lot/drive aisle/landscaping purposes; and WHEREAS, such continued use of the Permit Property is not inconsistent with current use of the easement by the City and the public; and WHEREAS, the City may in the future desire to use the Permit Property for other purposes which are not consistent with parking/drive aisle/landscaping use, and therefore the City intends to retain all of its right, title, and interest in the Permit Property. NOW THEREFORE, the parties agree as follows: 1. Permit. Owners shall be permitted to use the Permit Property for parking lot/drive aisle/landscape purposes at Owner's sole expense and risk, and with full knowledge the City may, upon notice as provided herein, require Owner's parking lot/drive aisle/landscaping to be removed from the Permit Property at any future date, at Owner's expense. The Permit Property must be kept open to public use at all times, and not fence or other obstruction may be placed on the Permit Property without the prior written approval ofthe City, which may be given or withheld in the sole discretion of the City. 2. Maintenance of Permit Property: Modification. Owner shall maintain the Permit Property in good condition at all times, at their sole cost and expense. If Owner fails to do so, the City may cause the necessary repair or maintenance to be done at Owner's cost. If Owner fails to pay the City for such costs, the City may assess the costs against Owner's Property. Owner shall not make any modifications to the parking lot/drive isle/landscaping or otherwise modify the permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 3. Termination. In the even the City desires to use the Permit Property for a purpose which is inconsistent with the parking lot/landscaping use by Owner, to be determined in the City's sole discretion, or in the event Owner fails to comply with any requirement of this Agreement within sixty (60) days after receiving a notice form the City requesting such compliance, the City through its City Manager may terminate this Agreement by giving ninety days (90) days written notice of termination to Owner by certified mail at the following address: 5116 Gateway Street, Prior Lake, Minnesota, 55372. Such notice may, at the City's option, require Owner to completely remove the 2 parking lot/drive isle land/landscaping from the Permit Property within said ninety (90) day notice period, including all debris. If this Agreement is terminated by the City as provided herein, Owner will be solely responsible for all costs and expenses related to construction of a parking lot/drive aisle/landscaping which is located on Owner's Property in accordance with all City Ordinances. If Owner fails to remove the parking lot/drive aisles/landscaping as required by a proper notice of termination, the City may cause the removal to be done and costs of such work shall be paid by Owner, If Owner fails to pay the City for such costs, the City may assess the cost against the Owner's Property. 4. Future Development. Owner understands and acknowledges the City may utilize the Permit Property for roadway and utility purposes at some future date, and the design of such access shall be in the sole discretion of the city. In the event the City undertakes such development, and if this Agreement is not terminated by the City as provided above, Owner agrees to cooperate with the City as necessary to facilitate construction of such roadway and utility improvements, and the City agrees to use its best efforts to accommodate Owner's access over the Permit Property during construction. 5. Indemnity. Owner shall defend, indemnify, and hold harmless the City and its employees, subcontractors, agents, and representatives from and against all claims, damages, losses, costs and expenses, including attorney's fees, which may be incurred by or asserted against the City or for which the City may be held liable, which arise out of or result from use of the Permit Property for parking lot/drive aisle/landscaping purposes, including but not limited to the maintenance, repair or removal of Owner's parking lot/drive aisle/landscaping, except liability caused solely by the negligence of the City. 6. Insurance. As long as this permit is in existence, Owner shall maintain a general liability insurance policy which provides coverage for the Permit Property for any damage to property of others or injuries to persons. Said insurance policy shall provide coverage on an occurrence basis in an amount no less than one hundred thousand dollars ($100,000.00), and shall include contractual liability coverage to provide coverage for the indemnification provision in Paragraph 5 above. Said policy shall contain a clause which provides that the insurer will not change, non-renew, or materially change the policy without first giving the City thirty (30) days prior written notice. Owner shall provide the City with a Certificate of Insurance for said policy which specifically details the conditions of this Paragraph 6. 7. Waiver of Claims. Owner acknowledges City's ownership of the Permit Property and knowingly waives any and all claims against the City related to Owner's use of the Permit Property, including but not limited to claims of abandonment and contractual claims arising out of this Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. 3 8. Condition of Property. Owner accepts the Permit Property "as is" and the City makes no warranties regarding the conditions of the Permit Property or the suitability of the Permit Property for Owner's purposes. 9. Bindin~ Effect. This Permit Agreement shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs, successors, or assigns. 10. Whole A~reement: Modifications. This Agreement contains all of the terms and conditions relating to the permit granted herein, and replaces any oral agreements or other negotiations between the parties relating to the permit. No modifications to this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 11. Recordation. Owner shall cause this Permit Agreement to be recorded in the office of the Scott County Recorder/Registrar of Titles at their cost and expense. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF PRIOR LAKE OWNER(S) By Lydia Andren, Mayor By Frank Boyles, City Manager STATE OF MINNESOTA) )SS COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of , 1997, by Lydia Andren and Frank Boyles, the Mayor and City Manager respectively of the City of Prior Lake, on behalf of the City of Prior Lake through authority granted by its City Council. Notary Public 4 STATE OF MINNESOTA) )SS COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of , 1997, by , on behalf of the (corporation/partnership). Notary Public 5 AGENDA ITEM: SUBJECT: APPLICANT: SITE: PRESENTER: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 4A Conduct public hearing to consider a conditional use permit (CUP) and conditional sign permit for Lemke Professional Office Building (Case #97-019) Paul Lemke 5116 Gateway Street, located north of Gateway Street, southeast of Highway 13, west of Jordan Avenue and east of Franklin Trail. Jenni Tovar J pr- ----X.-YES _NO-N/A March 24, 1997 The City received an application for a Conditional Use Permit (CUP) from Paul Lemke on March 4, 1997. The applicant proposes to construct an office/retail building on the north side of Gateway Street, across from Rademacher's. The proposed building will be 10,400 square feet. The upper level will be occupied by Lemke Chiropractic and two leased tenants (possibly a Montessori day care facility). The lower level will be entirely leased space (three tenants). The property is zoned B-3 General Business. "Personal and professional services" are a conditional use in the B-3 zone and retail businesses are permitted uses. REVIEW PROCESS: The proposed CUP should be reviewed in accordance with the criteria found in Section 7.5(C) of the Zoning Ordinance. Section 7.5(C) provides that a conditional use shall be awroved if it is found to meet specific criteria. The criteria are discussed on the following pages. SITE ANALYSIS: The subject site consists of 2 acres located at 5116 Gateway Street. The site is surrounded by commercial uses. Directly to the south is Rademacher's Super Valu and a retail strip mall, to the north is Gateway Center (office) and First Bank. To the east is Franklin Trail and to the northwest is HWY. 13 (see Site Location Map). The proposed 16200 E%~~~Ave. S.E., Prior Lake, Minnesota 55312-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER building will be constructed on the westerly portion of the lot. The easterly portion of the parcel is to be undisturbed and remain "natural". CONDITIONAL USE PERMIT ANALYSIS: Section 7.5(C) sets forth several criteria for approval of a CUP. These criteria and the staff analysis of compliance with these criteria are set forth below; 1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this Ordinance. The proposed use is consistent with the conditional use and permitted use provisions for the B-3 General Commercial zoning district and conforms to all general regulations of the Zoning Ordinance (upon satisfaction of conditions). 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious, or noxious to any other property or persons, shall comply with the performance standards listed below. The proposed use is office/professional services and retail tenants. Adjacent uses are that of office and professional service, a bank, and a retail center. The proposed use does not appear to be dangerous, injurious, or noxious to any other property or persons. 3. The proposed use shall be sited, oriented and landscaped to produce harmonious relationship of buildings and grounds adjacent to buildings and properties. The following table depicts Landscape Requirements and how the applicant has addressed them. Trees Ordinance Requirement 25 Trees (1/40' perimeter of area being disturbed 981 feet) Entry areas to be landscaped (no specific required plantings) One every 180' Combination of elements on new parking lots (Berm, plantings, fence) 6 Foot screen, combination of fence/planting/berms. Entry Parking Islands Parking Screening Other Screening (Service Storage Areas) Plans Prepared by a Certified or Registered Landscaped Architect. 97-0 1 9PC.DOC 2 Applicant Proposal 20 Trees Entries are landscaped on both sides with trees and shrubs. N/A Shrubs along Gateway Street, trees along HWY. 13. 6' Trash enclosure of same materials as principle building with landscaping. Plans not signed. The applicant must revise the landscape plan to provide the minimum required plantings (25 trees). There are 3 significant trees on the east portion of the site that will remain undisturbed (no landscape credit given, as the undisturbed area was not used in calculating perimeter). Additionally, the landscape ordinance requires new parking areas to be screened with multiple elements to provide screening year round. The north parking lot will be screened using trees; given the slope to HWY. 13, a fence/berm would be ineffective in screening this parking from HWY. 13. The applicant has proposed to screen the south parking lot with shrubs. The landscape plan must be revised to show multiple elements (berm, fence, plantings). 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. The building will be finished with brick and have architectural metal entrances. Other buildings in the area are finished with brick and the retail center is finished with stucco. The proposed materials and landscaping is consistent with adjacent uses and the effect on the environment of the neighborhood is minimal. The City's sidewalk policy is that sidewalks are required along collector streets. Gateway Street, access to the site, is classified as a local street. The property also has frontage along Franklin Trail, which is a collector street. However, the proposed development will be left "natural" along this side of the parcel. A sidewalk along Gateway Street is not consistent with with City policy. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion within the neighborhood. The proposed project provides sufficient area for vehicular parking. The ordinance requires 1 stall for every 200 square feet of retail space and one stall for every 250 square feet of office/professional service. The applicant is proposing 4400 square feet of retail and 6000 square feet of office. This is results in 46 stalls required. The applicant is proposing 47 stalls. Due to the topography, the building and parking will be accessed on the second floor on the south side and on the first floor on the north side. The applicant shows all parking areas to be paved, striped, and curbed. A loading berth needs to be provided (5-5-6). This can be designated in a parking stall and must be indicated on the site plan or otherwise provided. There are two access from Gateway Street, which are existing curb cuts. Gateway is a local street that feeds in to Franklin Trail and up to 160th Street or to HWY. 13. Traffic congestion is expected to be minimized as it is directed from Gateway Street to Franklin Trail, 160th Street and HWY. 13. 97-019PC.DOC 3 6. The proposed use shall preserve the objectives of this Ordinance and shall be consistent with the Comprehensive Plan. The Comprehensive Plan designates this property as C-CC Retail Shopping (Community). The performance standards are set forth in Section 7.5(D) and relate to the following factors; . Fire protection . Electrical disturbance, . Noise . Vibrations, . Odors . Air pollution, . Glare . Erosion, . Water pollution. The proposed project is not expected to result in any of the nuisance factors set forth in the performance standards and is thus consistent with these standards. CONDITIONAL SIGN PERMIT The sign ordinance requires that any signs on uses that are conditional require approval as a Conditional Sign Permit. Only signs representing "Personal or professional services" are conditional. Retail business signs are permitted. The total maximum allowed area is: Wall Signs Cannot exceed 20% front facade. maximum area of each sign is 200 sq. feet. Allowable sign area facing Gateway Street is 350 square feet; Facing HWY. 13 is 640 square feet (can be placed on north or west walls). The applicant is proposing 133 square feet of signage facing Gateway Street, 197 square feet on the north wall facing HWY. 13 and 82 square feet on the west wall facing HWY. 13. Monument Signs Can have 2 sides of 120 square feet maximum each side. no higher than 10' above the centerline era de. and setback 10 feet from property line. The applicant is proposing a 12 by 10 foot monument sign, setback 10 feet and less than two feet above the centerline grade ofHWY. 13. The applicant meets the requirements of the sign ordinance as to size, area type and location for conditional and permitted signs. 97-019PC.DOC 4 ALTERNATIVES: 1. Adopt Resolution 97-07PC, (recommending the City Council approve the CUP for Lemke Professional Building) and Resolution 97-08PC, (approving the conditional sign permit) as presented or with changes recommended by the Commission. 2. Continue the public hearing to a date and time certain to allow the developer and/or staff to provide additional information specifically requested by the Planning Commission. 3. Based upon expressed findings of fact, recommend the City Council deny part or all of the applications based upon inconsistency of the proposal with specific regulations of the Zoning and Subdivision Ordinances and/or specific policies of the Comprehensive Plan. RECOMMENDATION: Staff recommends Alternative # 1. Resolution 97-08PC approving the Conditional Sign Permit contains no conditions. Resolution 97 -07PC approving the CUP contains the following conditions: 1. The applicant must submit a revised landscape plan indicating improvements to be made that meet all criteria of the landscape ordinance (Section 6.10, including an irrigation plan) as indicated in report including screening of parking along Gateway Street with multiple elements (not just a plantings). 2. The applicant must submit a lighting plan that meets City Code lighting standards and is approved by the Planning Department. 3. The applicant must submit a revised site plan indicating: . adequate snow storage along Gateway Street (as approved by City Engineer); . a loading berth (can be a designated parking stall). 4. The applicant must submit a utility plan indicating location and hook-up of utilities (sewer and water) and storm sewer and run-off directions. The applicant will be responsible for disconnection of hook-ups not used on the site, upon construction of building. 5. The applicant must submit a grading plan with proposed contours and erosion control to be approved by City Engineer. 6. The applicant must submit a drainage plan implementing infiltration methods such as those identified in MPCA's Best Management Practices (infiltration trenches, swales, etc.) to be approved by City Engineer. 97-019PC.DOC 5 7. The applicant must submit a Topographical Survey that is at an engineering scale and signed by a registered land surveyor. 8. A permit will be required if a storm sewer pipe is outletted into the T.H. 13 right-of- way. 9. The improvements must be done before certified copies of the resolution are released for recording at the county. The applicant has 30 days to submit plans that are meet the requirements of the ordinance and conditions set forth in Resolution 97 -07PC (City Code Section 5-6-5B). The applicant has until one year from the date of adoption of Resolution 97 -07PC to complete the required improvements and record the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). ACTION REQUIRED: Motions to adopt the proposed resolutions as written or with changes directed by the Planning Commission. 97-019PC.DOC 6 ~ .ti 6~~~ G\. .' TRACT G \~ R'. \... 5 TRACT H ~ . 10 - ~, ..~' I~" ~ Mi&rJ ~ 2 ~ ~. ~ V:-~ . ~ .1/ I . . ~ 13 12 13 'E _ 0 ~1.. 10 ~ Ul . PL2-278A Ul !!' 203 39~ . ,'DONALD LOEHR i20~2'75 PL 2 - 2780 LAWRENCE HAFERMAN '~ ~~ ~<f. ,#,. '- ~ tJ\ 00 ,... 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MINNESOTA 1020 LANDSC.APE PLAN I DETAILS I iI ::: I ifIi i II II J~ II;i~ii 'I!I!. ; , .\ '! ~ lilliI'l'! , ; ! P : I !i :i!!l:, !' I II 11 'I 1~I!li I ~ - II" i'liil I Il~i!ll ~ l~~ i i a ~I'~i ~ i & 'lid iI 1"1 I ii:l II. III!!. il' 1 I'~ I I' ~.. 'iI Iii Ii ~ g. llllllllllllllllllll'lllj i -.....a3......~..._~~~~~~ ~lllllllllllllEEEEE~~~~~~ ~~~~~www.~~~s~~.~w-..---w IIJlllllllllflll' ~~~ ~ ul ij!~~!!~ : II' t1~~1 ~ I'I~I~I I ,I r:.tI I II ill II $)1 .. n ~ ~ ~ fo---- I I I L9____ I ~ 01 LEMKE PROFESSIONAL BUILDING )> III 5tl8 GATEWAY BmEET PRIOR LAKE . MINNESOTA W PI lOWER & UPPEJllEVB. FLOOR PlANS $)1 n ~ i ~ mli I ---01 I I I 01 ____J mli I ----, 0' I I I , ol ____J 1IIII ~ !:il~t:l f'l<rn ~~ > l;) l".l -+- D [let ~ rn~ \Y~ I MAI~7 L~ , , "l Planning Case File No. Property Identification No. City of Prior Lake LAND USE APPLICATION q1-D19 d5-- '16/g~OJJ.-1 16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245 Type of Application: Brief description of proposed project (attach additional o Rezoning, from (present zonin\::) sheets/narrative if desired) to (proposed zonin\::) o Amendment to City Code, Compo Plan or City Ordinance o Subdivision of Land o Administrative Subdivision tEl Conditional Use Permit o Variance o Other: /.e~/.c., /J.~ /e<..,/"~",, / bt.,;/t!;hc;, / e>'?/tt-c Applicable Ordinance Section(s): Applicant(s): ~GI'/~. .L..e;lfk /.). C. Address: /'/6;;>j/ W//ct'J ,.tJc;r!-w~~ /'t,.(;;/"" k~ Home Phone: '1t,15-7oo~ / Work Phone: m,;-, ~7IO-,;;;;S5 Property Owner(s) [If different from Applicants]: Address: Home Phone: Type of Ownership: Work Phone: Fee _ Contract for Deed _ Purchase Agreement----,- Legal Description of Property (Attach a copy if there is not enough space on this sheet): Se-=- ql4~cl e the information provided in this application and other material submitted is correct. In evant sections of the Prior Lake Ordinance and procedural guidelines, and understand that cessed until deemed complete by the Planning Director or assignee. c::? -' OJ Ii> - ;17 Date Fee Owner's Signature .~'-_5.-77 Date THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE PLANNING COMMISSION CITY COUNCIL APPROVED APPROVED DENIED DENIED DATE OF HEARING DATE OF HEARING CONDITIONS: Signature of Planning Director or Designee Ju-app2.doc Date NOTICE OF HEARING FOR CONDITIONAL USE PERMIT You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21 and Fish Point Road), on Monday. March 24.1997. at 6:30 p.m. or as soon thereafter as possible. APPLICANT: SUBJECT SITE: LEGAL DESCRIPTION: REQUEST: Paul W. Lemke 14624 Wilds Parkway Prior Lake, MN 55372 5116 Gateway Street This property is located north of Gateway Street, southeast of Highway 13, west of Jordan Avenue and east of Franklin Trail. That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter; thence East along the South line thereof a distance of 393.00 feet to a point hereinafter referred to as point A; thence North at right angles to said South line a distance of 173.00 feet; thence East parallel with said South line a distance of 717.34 feet more or less to a point 200.00 feet West of the East line of said Southwest Quarter of the Southwest Quarter; thence Northerly and parallel with said East line a distance of 246.91 feet to the actual point of beginning of the tract of land to be described; thence continuing Northerly parallel with said East line a distance of 70.60 feet; thence deflecting to the left at an angle of 82 degrees 15 minutes 01 seconds a distance of 376.61 feet; thence Northwesterly along a line drawn at right angles from the Southeasterly right-of- way line of State Trunk Highway No. 13 a distance of 143.62 feet to the Southeasterly right-of-way line of said State Trunk Highway No. 13; thence Southwesterly along said right-of-way line to its intersection with a line drawn North at right angles to the South line of said Southwest Quarter of the Southwest Quarter from the aforementioned point A; thence South along said line to its intersection with a line drawn West parallel with said South line of Southwest Quarter of the Southwest Quarter from the actual point of beginning; thence East along said parallel line to the actual point of beginning. The applicant is proposing to construct a professional office building and the accessory signs at the above location, zoned B-3 (General Business). The Prior Lake Zoning Ordinance requires a conditional use permit for this use in the B-3 district. If you are interested in this issue, you should attend this hearing. The Planning Commission will accept oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Jane Kansier Planning Coordinator City of Prior Lake TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON MARCH 8,1997 1:\97files\97cup\97 -019\97019pn.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER INTEROFFICE MEMORANDUM DATE: PLANNING @/' Ralph Teschner Lemke Professional Office Bldg. (assessment/fee review) March 5, 1997 TO: FROM: RE: Dr. Paul Lemke proposes to construct a professional office building on a 2.0 acre tract in 36-115- 22 (PIN #25 936012 1). This area was originally served with water utilities on the east side of the property abutting Franklin Trail under Project 72-4 and was assessed 600' of frontage for water main only. The portion of the property abutting Highway 13 was served with both sewer and water utilities under Project 72-6 and was assessed 888.23' of frontage for sewer and 700.45' for water plus a trunk acreage charge for the entire site. In 1982 the property was charged for stormwater improvements under Project 81-2. There are no other city charges which would be applicable to this property unless the property would be formally subdivided. There are no outstanding special assessments currently certified against the property. Also, the tax status of the property is current with no outstanding delinquencies. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER H:ISPLITSISPL9706.DOC PLANNING COMMISSION MINUTES MARCH 24, 1997 ~~~~~ \.~.., ~.-0 ,'~\ \ '\) 1. Call to Order: The March 24, 1997, Planning Commission meeting was called to order by Chairman Criego at 6:31 p.m. Those present were Commissioners Criego, Stamson, V oOOof, and Wuellner, Director of Planning Don Rye, Planner Jenni Tovar and Recording Secretary Connie Carlson. 2. Roll Call: V oOOof Wuellner Stamson Kuykendall Criego Present Present Present Absent Present 3. Approval of Minutes: Correction: Take Commissioner "Wuellner" out of first paragraph on page one. Vote taken signified ayes by Criego, Wuellner, V oOOof and Stamson. MINUTES APPROVED. 4. Public Hearings: ~ A. CASE #97-019 CONDITIONAL USE PERMIT REQUEST - Presented by Planner Jenni Tovar. The City received an application for a Conditional Use Permit (CUP) from Paul Lemke on March 4, 1997. The applicant proposes to construct an office/retail building on the north side of Gateway Street, across from Rademacher's. The proposed building will be 10,400 square feet. The upper level will be occupied by Lemke Chiropractic and two leased tenants. The lower level will be leased to three tenants. The property is zoned B-3 General Business. "Personal and professional services" are a conditional use in the B-3 zone and retail businesses are permitted uses. The subject site consists of 2 acres surrounded by commercial uses. The proposed building will be constructed on the westerly portion of the lot. The easterly portion ofthe parcel is to be undisturbed and remain "natural". Staff recommended approval of the Resolutions with 10 conditions; 9 outlined in the staff report with an additional condition regarding a 25 foot roadway and utility easement. Comments from the public: Comments from the Commissioners: ~~~~~ Applicant commented he was in agreement with the staff report. V onhof: . Questioned State Highway setbacks. Tovar responded the City's is 50 feet. · Questioned drainage near Highway 13. Tovar explained the drainage ditch near the Highway. . Tree requirements. · The floor level of the upper building will be even with Highway 13. · David Chant, 18896 Orchard Court, Lakeville, the architect described the retaining walls along the building. · Mr. Chant also explained the landscape design and does not see a problem with drainage on the parking lot. . Supported staff report with the outlined conditions. Wuellner: . Questions and concerns answered. Stamson: . Agreed with Wuellner. . Questioned staff with the trash enclosure. . Supportive of staff recommendation. Criego: . Tovar explained the roadway easement on the parking lot. . The City Attorney would draft a liability contract between the City and applicant. . Mr. Chant explained the facade of the building. (Two tone earth-colored brick) . Supportive of staff with the provisions outlined. MOTION BY VONHOF, SECONDED BY WUELLNER, TO ADOPT RESOLUTION 97-07 PC RECOMMENDING THE CITY COUNCIL APPROVE THE CONDITIONAL USE PERMIT FOR THE LEMKE PROFESSIONAL BUILDING WITH THE 9 CONDITIONS OUTLINED IN THE STAFF REPORT WITH THE ADDITIONAL CONDITION REGARDING THE ROADWAY AND UTILITY EASEMENT. Vote taken signified ayes by all. MOTION CARRIED. Comment by V onhof regarding the sign permit - Based upon the staff report and the information received, the request is within the Ordinance required and consistent with the area. Commissioners concurred. AGENDA ITEM: SUBJECT: APPLICANT: SITE: PRESENTER: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 4A Conduct public hearing to C18iM~~i;~M!Ne \....;~~t~~II)}.~;~m~~!.~. "'!,!~;fQ"T;~~IIl:k\;t; ie;r6fessiO.'I!;QflftB..ilding(e~~I) Paul Lemke 5116 Gateway Street, located north of Gateway Street, southeast of Highway 13, west of Jordan Avenue and east of Franklin Trail. Jenni TovarJ~ -X-YES _NO-N/A March 24, 1997 The City received an application for a Conditional Use Permit (CUP) from Paul Lemke on March 4, 1997. The applicant proposes to construct an office/retail building on the nOrtgsi~e.of Gate""ay Str~:~,;~cross. from Rademacher' s. ~;~~i~l~.}\~'i)~;~i~ "'l.o;400;~~Cl.(~t.'t~; 1W',.t:ippet'.leve~;;'WW;;;.;'.oceupied,'by;.l.;entke.....Q))jr(,)p~~f.l;;.artd two leased tenants (possibly a Montessori day care facility). The lower level will be entirely ~eased. sp~ce (tln-eet~I1~~~.? .~ep~~p:rty is zoned B-3 General Business. ~Persohaland8 professiorralservices" 'afe" a' conditimlal~mthe.l,if3.'.Z9ne ;aI14..i.~e~.bu.sinesses' ant 'pel1I1i~ed: 'U$~$ REVIEW PROCESS: The proposed CUP should be reviewed in accordance with the criteria found in Section 7.5(C) of the Zoning Ordinance. Section 7.5(C) provides that a conditional use shall be approved if it is found to meet specific criteria. The criteria are discussed on the following pages. . SITE ANALYSIS: ;;Tht'JSl1bject'Sltei.QQ~..oti;2c.."~iit~it&'lc;ii';,;5;11;6.'irG.teWaY'......~~ The site is surrounded by commercial uses. Directly to the south is Rademacher's Super Valu and a retail strip mall, to the north is Gateway Center (office) and First Bank. To the east is Franklin Trail and to the northwest is HWY. 13(~~;~~~LocationMap). The proposed 16200 E%.9ffi~~Ave. S.E., Prior Lake. Minnesota 55312-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER building will be constructed on the westerly portion of the lot. The easterly portion of the parcel is to be undisturbed and remain "natural". CONDITIONAL USE PERMIT ANALYSIS: Section 7.5(C) sets forth several criteria for approval of a CUP. These criteria and the staff analysis of compliance with these criteria are set forth below; 1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this Ordinance. The proposed use is consistent with the conditional use and permitted use provisions for the B-3 General Commercial zoning district and conforms to all general regulations of the Zoning Ordinance (upon satisfaction of conditions). 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious, or noxious to any other property or persons, shall comply with the performance standards listed below. The proposed use is office/professional services and retail tenants. Adjacent uses are that of office and professional service, a bank, and a retail center. The proposed use does not appear to be dangerous, injurious, or noxious to any other property or persons. 3. The proposed use shall be sited, oriented and landscaped to produce harmonious relationship of buildings and grounds adjacent to buildings and properties. The following table depicts'i,L....~~~R~M~..~~~ and how the applicant has addressed them. Trees Ordinance Requirement >~~~n=~~tl~~~~o~'~ ~itlg(fi~,~~lJ~t) Entry areas to be landscaped (no specific required plantings) One every 180' Combination of elements on new parking lots (Berm, plantings, fence) 6 Foot screen, combination of fence/planting/berms. Entry Parking Islands Parking Screening Other Screening (Service Storage Areas) Plans Prepared by a Certified or Registered Landscaped Architect. 97-019PC.DOC 2 Applicant Proposal ;,~OTn=es 1 Entries are landscaped on both sides with trees and shrubs. N/A Shrubs along Gateway Street, trees along HWY. 13. 6' Trash enclosure of same materials as principle building with landscaping. Plans not signed. The applicant m~!(\~~~.~~~~e lan~scaR:tPlan to provide the minimum required plantings (25 trees). ~;.mll!.;:~iiSi_" on the east po~i~?~f~e.~i!~(.~t..~.I!.~~W~ u.ndisturbed .(n~l~dscape credit given, as the ~___~!_~~mtiii~l,;tii ~~I.?~ettt). Additionally, the landscape ordinance requires new parking areas to be screened with multiple elements to provide screening year round. The north Parlcing l~t~i~l.?:...~~~ee?ed using trees;..giv:?the~l~~:}o HWY. l3,:I~{__ ~;.m~'Ve'U1!'~~g;~i'(~H;w~m.~F4~. The applicant has proposed to screen the south parking lot with shrubs. '~~;!.~;~ltcl1~"i n1Ulti,te';ilitn..;t~~.f~~p~$lg$). 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. '"Eb~H~~~~'Will'!~fUli.~~....~~;pri~~.~~~S;i.~~~~'.~~~....~.~~~~~. Other buildings in the area are finished with br,iclt.an.ame retaiT center is finisned wIth stucco. The proposed materials and landscaping is consistent with adjacent uses and the effect on the environment of the neighborhood is minimal. The City's sidewalk policy is that sidewalks are required along collector streets. Gateway Street, access to the site, is classified as a local street. The property also has frontage along Franklin Trail, which is a collector street. However, the proposed development will be left "natural" along this side of the parcel. A sidewalk along Gateway Street is not consistent with with City policy. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion within the neighborhood. Tl1e . g~oR~sedp~~j:~~Rr?vi~:~~llfficient area.. for vehicular parking. ':~;~~ ~quiRs."'.lStall..f()revery.20{)'square.t'~~.~tail",,'$pilCe"'@rld()nestallf~~~~.?~~~~ f~~f.~~~:{~~e~i9ffllJ~~C~.j The appliCant i.~ prop~sing~'squatef~()f retail an~;'6,OO<J;~f~~.9fgtlice. This is results';m"~sUI.U~!ref.tuired. The applicant is proposmg47 Stalls: Due to the topography, the building and parking will be accessed on the second floor on the south side and on the first floor on the north side. The applicant S?~~sa.n parking areas to be paved, striped, and curbed. }\:;lQ.iM.~,needStdibt provided (5-5-6). This can be designated in a parking stall and must be indicated on the site plan or otherwise provided. There are two access from Gateway Street, which are existing curb cuts. Gateway is a local street that feeds in to Franklin Trail and up to l60th Street or to HWY. 13. Traffic congestion is expected to be minimized as it is directed from Gateway Street to Franklin Trail, 160th Street and HWY. 13. 97-019PC,OOC 3 6. The proposed use shall preserve the objectives of this Ordinance and shall be consistent with the Comprehensive Plan. The Comprehensive Plan designates this property as C-CC Retail Shopping (Community). The performance standards are set forth in Section 7.5(0) and relate to the following factors; . Fire protection . Noise . Odors . Glare . Water pollution. . Electrical disturbance, . Vibrations, . Air pollution, . Erosion, The proposed project is not expected to result in any of the nuisance factors set forth in the performance standards and is thus consistent with these standards. CONDITIONAL SIGN PERMIT The sign ordinance requires that any signs on uses that are conditional require approval as a Conditional Sign Permit. Only signs representing "Personal or professional services" are conditional. Retail business signs are permitted. The total maximum allowed area is: W.lli$igns Cannot exceed 20% front facade. maximum area of each si~n is 200 sq. feet. Allowable sign areafacitlg'G8.teway Street is 350 square feet; Facing HWY.13 is 640 square feet (can be placed on north or west walls). The applicant is proposing 133 square feet of signage facing Gateway Street, 191 square feet on the north waU facing HWY. 13 and 82 square feet on the west wall facing HWY. 13. Monument .. Signs Can have 2 sides of 120 square feet maximum each side. no hieher than 10' above the centerline erade. and setback 10 feet from property line. The applicant is proposing a'12bylO fOoftnonumentsign; setbacIclOfeet and less than two feet above the centerline grade of HWY. 13. The applicant meets the requitementsofthe sign ordinance as to size, area type and. . location for conditional and pennitted signs. 97-0t9PC.DOC 4 ALTERNATIVES: 3. >>~~~Il~,i~!~M!~j~~;;,f:ltPC, (recomme~d.in~t~:Si!YSouncil approve the CUP for teiilke Professional Building) ~\i~.on974)8Pe, (approving the conditional ~i~~R~~nas presented or with changes recommended by the Commission. ;~ontinue the'lpublic hearing to a date and time certain to allow the developer and/or staff to provide additional information specifically requested by the Planning Commission. Based upon expressed findings of fact, reeb_endthe.~ity.~()W1ei1denY~}iut or all of the applications based upon inconsistency of the proposal with specific regulations of the Zoning and Subdivision Ordinances and/or specific policies of the Comprehensive Plan. 1. 2. RECOMMENDATION: culJ 00t/~ 3) :PO-I" IG-i '\J 0 Jt 01J RQ)~R/h--~'- (YI (!}fi)(V'et;~ 6-Q- .~. Staff recommends AlternatiVe # 1. ReS()ly#;qtJ..;~1'..()gpC approving the Conditional Sign Permit contains no conditions. Resoluti()n~7-07PC approving the CUP contains the following conditions: 1. The applicant must submit a revised landscape plan indicating improvements to be made that meet all criteria of the landscape ordinance (Section 6.10, including an irrigation plan) as indicated in report including screening of parking along Gateway Street with multiple elements (not just a plantings). 2. The applicant must submit a lighting plan that meets City Code lighting standards and is approved by the Planning Department. 3. The applicant must submit a revised site plan indicating: . adequate snow storage along Gateway Street (as approved by City Engineer); . a loading berth (can be a designated parking stall). 4. The applicant must submit a utility plan indicating location and hook-up of utilities (sewer and water) and storm sewer and run-off directions. The applicant will be responsible for disconnection of hook-ups not used on the site, upon construction of building. 5. The applicant must submit a grading plan with proposed contours and erosion control to be approved by City Engineer. 6. The applicant must submit a drainage plan implementing infiltration methods such as those identified in MPCA's Best Management Practices (infiltration trenches, swales, etc.) to be approved by City Engineer. 97-019PC,DOC 5 7. The applicant must submit a Topographical Survey that is at an engineering scale and signed by a registered land surveyor. 8. A permit will be required if a storm sewer pipe is outletted into the T.R. 13 right-of- way. 9. The improvements must be done before certified copies of the resolution are released for recording at the county. The applicant has 30 days to submit plans that are meet the requirements of the ordinance and conditions set forth in Resolution 97-07PC (City Code Section 5-6-5B). The applicant has until one year from the date of adoption of Resolution 97 -07PC to complete the required improvements and record the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). JO,\' oVsrL db {Gu~ II ACTION REQUIRED: Motions to adopt the proposed resolutions as written or with changes directed by the Planning Commission. 97-0 I 9PCoDOC 6 RESOLUTION 97-08PC A RESOLUTION GRANTING A CONDITIONAL SIGN PERMIT TO PERMIT A MONUMENT SIGN AND WALL SIGNS FOR A CONDITIONAL USE (pERSONAL AND PROFESSIONAL SERVICES) ON PROPERTY LOCATED AT 5116 GATEWAY STREET (LEMKE PROFESSIONAL BUILDING) FOR LEMKE CHIROPRACTIC WHEREAS, Lemke Chiropractic has applied for a Conditional Sign Permit as required by Section 7.6 of the Zoning Ordinance in order to permit a monument sign and wall signs for a use requiring a conditional use permit at the following location, to wit: 5116 Gateway Street, legally described as: That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southwest comer of said Southwest Quarter of the Southwest Quarter; thence East along the South line thereof a distance of 393.00 feet to a point hereinafter referred to as point A; thence North at right angles to said South line a distance of 173.00 feet; thence East parallel with said South line a distance of717.34 feet more or less to a point 200.00 feet West of the East line of said Southwest Quarter of the Southwest Quarter; thence Northerly and parallel with said East line a distance of 246.91 feet to the actual point of beginning of the tract of land to be described; thence continuing Northerly parallel with said East line a distance of70.60 feet; thence deflecting to the left at an angle of 82 degrees 15 minutes 01 seconds a distance of376.61 feet; thence Northwesterly along a line drawn at right angles from the Southeasterly right-of-way line of State Trunk Highway No. 13 a distance of 143.62 feet to the Southeasterly right-of-way line of said State Trunk Highway No. 13; thence Southwesterly along said right-of-way line to its intersection with a line drawn North at right angles to the South line of said Southwest Quarter of the Southwest Quarter from the aforementioned point A; thence South along said line to its intersection with a line drawn West parallel with said South line of Southwest Quarter of the Southwest Quarter from the actual point of beginning; thence East along said parallel line to the actual point of beginning. WHEREAS, the Planning Commission has reviewed the application for conditional sign permit as contained in Case #97-019 and held hearings thereon on March 24, 1997; and WHEREAS, the Planning Commission has considered the effect of the proposed sign upon the property in the surrounding area and the effect of the proposed sign on traffic; and WHEREAS, because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed sign will not danger to the public safety, have a negative impact on surrounding property or 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER traffic, and unreasonably diminish or impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance; and WHEREAS, the contents of Planning Case 97-019 are hereby entered into and made a part of the public record and the record of decision for this case. Pursuant to Section 5-7-16 of the Ordinance Code the sign permit will be deemed to be null and void six (6) months from the date of approval if the holder of the sign permit has failed to complete the contemplated improvements. NOW, THEREFORE, BE IT RESOLVED BY the Planning Commission of the City of Prior Lake, Minnesota: A conditional sign permit is granted to permit the construction of a monument sign and wall signs for Lemke Professional Building as proposed in Exhibit A (the site plan submitted with the conditional sign permit application contained in Case file 97-019, dated March 12, 1997), attached to and made a part of the resolution. Adopted by the Board of Adjustment on March 24, 1997. William Criego, Chair ATTEST: Donald R. Rye, Planning Director 1:\97files\97 cup\97 -0 19\res97-08.doc 2 RESOLUTION 97-07PC RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE THE CONDITIONAL USE PERMIT FOR LEMKE PROFESSIONAL BUILDING. MOTION BY: SECOND BY: WHEREAS: the Prior Lake Planning Commission conducted a public hearing on March 24, 1997, to consider an application from Paul Lemke for a Conditional Use Permit (CUP) for Lemke Professional Building; and 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 CUP for Lemke Professional Building; and WHEREAS: the Planning Commission finds the proposed use consistent with the Year 2010 Comprehensive Plan; and WHEREAS: the Planning Commission finds the CUP of Lemke Professional Building in harmony with both existing and proposed development in the area surrounding the project; and WHEREAS: the Planning Commission fmds the proposed CUP of Lemke Professional Building 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 of Lemke Professional Building meets the criteria for approval of CUP is contained in Section 7-5 C 1-6 of the Zoning Ordinance and Section 3 of the City Code. RES97-07.DOC 16200 E~le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NOW, THEREFORE, BE IT HEREBY RESOL VED BY THE PLANNING COMMISSION OF THE CITY OF PRIOR LAKE, MINNESOTA, that it recommends the City Council approve the CUP for Lemke Professional Building subject to the following: 1. The applicant must submit a revised landscape plan indicating improvements to be made that meet all criteria of the landscape ordinance (Section 6.10, including an irrigation plan) as indicated in report including screening of parking along Gateway Street with multiple elements (not just a plantings). 2. The applicant must submit a lighting plan that meets City Code lighting standards and is approved by the Planning Department. 3. The applicant must submit a revised site plan indicating: · adequate snow storage along Gateway Street (as approved by City Engineer); · a loading berth (can be a designated parking stall). 4. The applicant must submit a utility plan indicating location and hook-up of utilities (sewer and water) and storm sewer and run-off directions. The applicant will be responsible for disconnection of hook-ups not used on the site, upon construction of building. 5. The applicant must submit a grading plan with proposed contours and erosion control to be approved by City Engineer. 6. The applicant must submit a drainage plan implementing infiltration methods such as those identified in MPCA's Best Management Practices (infiltration trenches, swales, etc.) to be approved by City Engineer. 7. The applicant must submit a Topographical Survey that is at an engineering scale and signed by a registered land surveyor. 8. A permit will be required if a storm sewer pipe is outletted into the T.H. 13 right-of- way. 9. The improvements must be done before certified copies of the resolution are released for recording at the county. The applicant has 30 days to submit plans that are meet the requirements of the ordinance and conditions set forth in Resolution 97-07PC (City Code Section 5-6-5B). The applicant has until one year from the date of adoption of Resolution 97-07PC to complete the required improvements and record the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). RES97-07.DOC IT Passed and adopted this 24th day of March, 1997. CREIGO KUYKENDALL LOFTUS WUELLNER VONHOF YES CREIGO KUYKENDALL LOFTUS WUELLNER VONHOF Bill Creigo, Chair Planning Commission Donald Rye, Director of Planning City of Prior Lake RES97-07.DOC IT NO ~" ._~ \_.t ...- ~ ,- , .. -~ ZONING LOCATION ; ..Q~\: ~ f- ~ ----- . ., ~-D~ . ...] ,~ ii Ii $1 I ~ ~ . "V~ I i .... 'CJ ~ iil "- ~ "* u , :..to... 1; . ~ ~ ~ . '"'( 'J\ ~ ( \ ..... ... , ~ I ... '% .~ ~i ~ .... \ I , i . .~ ~ ... il Ii! I I 1100 i ~ I j rrl ! .... i~1 . :t ~ il I- lia I_ I / / Jr I, 1/ I ( II a Ii Il I 'I I \ I ' I ~ I \ : \ t 10\ . 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I it ~ I~ lil1 . !;I ~ ~~ ~ i ~ r'" ~ I~ r- r- tlI~ ~ t ~'" ~ ~ I\i !'1 "< I l::i i "'. ,. '17,.Jl. ~ ,.Jl. '- 1=- ~ '17,.1- ~ '" u') . i iii I r:: ill I~ Ili~ i':~ .~~ I~f! r::'"' ill ~ r- :"I ....r- i!i51iBt ~ ~::!....~ ~J;'l!ib, ~ ~"r-I ::ti ~e~~ ~ ....t!'"....:-< ~...J~ ..... ...... if ~ ... "l' :JiO C) ,,!b~... ~ UI el r- C") UI~i\j~ ~ ~ r.," :tl ~ -- . I ~r.....,. ,.,. ... ...n.LIIII $)1 $)1 ... i~ ,...----- I ii :0 I I ~ I ! ~ I :0 L..._____ ~ i rnll ~ I ~ ~ D D .------ 10 I I I 10 ....----- I ~ ~ ~-[bl] I I ~ 0 D i 8 i ~ )> ! I I CIJ I I I LEMKE PROFESSIONAL BUILDING 5118 GATEWAY STREET PRIOR LAKE , MINNESOTA LOWER & UPPER LEVB. FLOOR PlANS l ----, 01 I I I I 01 ____J ====================== D I [1]1 I ----, 0' I I D D I , 01 ____J ! - - I il ;:~tj Ilg p<~ I ~e ; I; ~- I.. ~ :lg .... ~m '; ~ ~ u il ~ '-t ~ g fl il ~ '-t ~ i~ ~ '-t ~ .. ~ LEMKE PROFESSIONAL BUILDING ~ 5118 GATEWAY 8TFa::t: I ~ PRIOR LAICE, MI\INESOTA ~ ~ \~:~~':;~~~ "," ... ~ \riliiJ . I \@ \WU ...... \c::J to l./::;J <.0 I L~ ..::;.;J \..-.., 1\"lLu )> ~ I I C11 I I I EXTERIOR 8.EVATIONS/ BlILDING 8ECT1ONS ~'_..~_.'? IIJ A i~- !I oJ I ~ i .1 I.. .' :~' !ie;~ r'l<rn ~~ ~ l%j :(g fI11! " ij ~ ;v l ~4 'ft. ~ , ~::\. '~ ~.,. \S',A "Y,A ~ ~ ~ ~ '* ~ ~ ^ 1.; ~ ~ iil ~ ~ CJ\ ~ 111 ~. -t t t. ! ~ :1 t I; If~ . "II! I ,;: I i ~ ~\1. -~ ~~ q\1, I ~ ~ LEMKE PROFESSIONAL BUILDING SOtJTH HIGHHA Y 13 PRIOR LAKE, MINNESOTA I ._~ I I I . ... i . I ~' 1.20 LANDSC.APE PLAN / DETAILS C 1'1 o 6 c: o c: en -4 '" 1'1 1'1 "11 ~ -4 'N _. _ _ !~'l;' 18 ~~ z ~i:P l ~ ~ p ~., le!~.ii ~n~ G) ; ; q ~ ' ! ~ iU;3~lli ~ ,~ i ~ ! i a ~i ~ ~ i~a~~ ~ e ;= ~ ~ III : i ~J ;a:~e~~ ~ : ~ ~ ~i .~~~Ii; ~ ~ I jll 'illiii~ j ~ . u~ ! ji;IBPi;; I ON ~ ~J I ~~. ! !~ ~~:; x ! ji~ I IE!"- ~- ~ !1 ll. u; - I, _ i~l' ! ~~ ;:a.i ~ e;: ~~~I i ~ SB ...! .~- ~ ij~~~ ~ e ~ ~~ ~ Siloll i atn ... ~sil i Ii.; II. I ~~i E !!~ ~ i..- i!i !I~ e-~ s. e.. Iii ..~; ! I ~CW~~NNN.WNWCWN.~N-..---W J!ftti~~j{{{{!ff.{{{f~({!1 .lfilf[ii~II!II~~lfl~(f((~ Ii' ,[ i'.a H;;;"~ J a. ~ "I. ' l' ~ I _eaaa._.._._..W.~~_-NNWNN ~llllliillllll~~~~~~~~~~~ Gio::diia::d>>'i S S ; ; : 1!~II:il~:~ ~, ~~ Elli~l;il III !2~i' I I ~~= III ~~ III I) liS o o z ::i '" o c: en -4 '" 1'1 1'1 "11 ~ -4 Z G) c ~ ... ~ g. 0Cl ~ [ E- O Miscellaneous L:\TEMPLA TE\FILEINFO.DOC LEMKE PROFESSIONAL BUILDING 5116GATEWAYSTREET PRIOR LAKE. MINNESOTA PARKING: PARKIN6 REGUIRED: RETAIL AREA (4,400 SG. FT. J OFFIGE (6tx)O SG. ~T. J SG. FT. FAc:.TOR 1 I 200 SG. PT. , I 250 SGI. FT. PARKIN6 ~IDED. STANDARD PARKIN6 STALLS ( "1' X 181 ) H.G. VAN A55EGGABLE BUILDING SIGNA6E: aJILDIN6 F'RONTIN6 6A~Y STREET TOTAL. SG. FT. OF FASADE ALLO~ ~ENTA6E TOTAL. PERMITTED TOTAL SHOj,Io4N 20. 22 ST Al.L5 .24 STALLS % STAU...S 44 STALLS 3 STALLS 41 STALLS 1,150 SG:I. FT )( ..2 350 SG. FT. 133 SG. FT. BUILDIN6 FRoNTIN6 STATE l"RUNK HI6f4~Y 13 (NORTH FAGEJ TOTAL SG. FT. OF FASADE AlLOJ/i4ABLE ~ENTA6E TOTAl. ~ITT'EP TOTAL 5HO~ 20. BAlANc.E OF ALLOl"4ABLE 516NA6E ON "EST FAC.E TOTAL 5G. FT. oF. FASADE (~5T) ALLO~ ~ENTA6E TOTAL F'fRMlnEb ON ~T FAGE t3ALANGE OF NoftTH . SOUTH FAGES TOTAL SHOWN 20. --,.,,- ..- '--_. .,. . 3,200 SG. FT. )(.2 6"'40 SCiI. FT. I~i SQ. FT. 8QO SG. FT. x.2 118 5(11. FT. 660 SG. FT. 82 sa. FT. UL TEIG ENGINEERS. INC. CONSULTING ENGINEERS FA R GO- M I N NEAPOLl S B ISMA RCK-MINOT PROJECT NO. <111/1 BY CF hlGl.CHE{l.. DATE ~- 8- '7 PROJ. TITLE Lr.ItlKE. PlC-brI!SSIotIIA'- '1Jl.t1 CHKD BY DATE PRELIMINARY X FINAL_ ITEM () K A lAI~bE. C A C. C.(,(.L.ATIONS SHEET-L OF Lf- r----"----.'r'-...---'T~.~'-'-.r-----;"-.^'------l . . 1 i ; r"'""-""-j--.,.,.".-t---.^,-,...!----..----t. rj)i-At~t~t : : I ( .,.-.----.'1--".,,~,.._-t._-._.--.,..-.+._'-.---'f' !A-J{~A ! 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User: CFM County : SCOTT State: 'MN Checked: Subtitle: EXISTING SITE - SOUTHWEST CORNER DRAINAGE ARE~OND) Date: 05-09-97 Date: Data: Drainage Area Runoff Curve Number : Time of Concentration: Rainfall Type Pond and Swamp Area .55 Acres 69 0.30 Hours II NONE ------------------------------------------------------------------------- ------------------------------------------------------------------------- Storm Number 1 2 3 4 5 6 7 ---------------------- ------ ------ ------ ------ ------ ------ ------ Frequency (yrs) 1 2 5 10 25 50 100 24-Hr Rainfall (in) @ 2.8 3.6 4.2 4.8 5.35 6 Ia/P Ratio 0.36 0.32 0.25 0.21 0.19 0.17 0.15 ~unoff ( i;0) ~ 0.57 1. 01 1.40 1. 81 2.22 2.71 Unit Peak Discharge 0.796 0.862 0.937 0.966 0.987 1.002 1.017 (cfs/acre/in) Pond and Swamp Factor 1. 00 1. 00 1. 00 1. 00 1. 00 1. 00 1. 00 0.0% Ponds Used ---------------------- ------ ------ ------ ------ ------ ------ ------ Peak Discharge (cfs) .0 0 1 1 1 1 2 ------------------------------------------------------------------------- ------------------------------------------------------------------------- 4 TR-55 TABULAR DISCHARGE METHOD VERS~ Project LEMKE PROFESSIONAL BUILDING User: CFM Date: 05-08-97 County : SWIFT State: MN Checked: Date: Subtitle: PROPOSED SITE - DRAINAGE AREA TO SOUTHWEST CORNER POND Total watershed area: 0.001 sq mi Rainfall type: II Frequency: 100 years -------------------------- Subareas ------------------________ Area (sq mi) Rainfall (in) Curve number Runoff (in) Tc (hrs) (Used) TimeToOutlet Ia/P (Used) POND 0.00 6.0 92 5.07 0.14 0.10 0.00 0.03 0.10 Time Total ------------- Subarea Contribution to Total Flow (cfs) ____________ (hr) Flow POND 11. 0 11. 3 11. 6 11. 9 12.0 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 13.0 13.2 13.4 13.6 13.8 14.0 14.3 14.6 15.0 15.5 16.0 16.5 17.0 17.5 18.0 I 19.0 20.0 ! 22.0 26.0 o o o o o o o o P - Peak Flow o o o 2 3 5P 3 1 o o o 2 3 -Z :. I 5P -oz.:.3 3 --Z = I 1 II I/o c,eJctblt. ~e.leqS'L RCl~::' PrC.- Dell.R-lofJAI S'i~ -=- 2. c Fs 1 1 o o o o o o 5~+s x .3 60 S""ll.C!. - (SDO cf = o. oJ/- Ac-H o o o o o o o o 1 1 o o o o o o o o o o o o o o sr01?AG~ Il I, Lt 'IE. o o o o d o o o IGo - YIt ~ ve"r 1> EA-I:: e~Q\Jtll.E() == 1800 Cr.s / hroject County : Subtitle: VEJ~ .11 TR-55 TABULAR DISCHARGE METHOD LEM~E PROFESSIONAL BUILDING User: CFM Date: 05-05-97 SWIFT State: MN Checked: Date: EXISTING SITE - DRAINAGE AREA TO SOUTHWEST CORNER POND Total watershed area: 0.001 sq mi Rainfall type: II Frequency: 100 years __________________________ Subareas -------------------------- POND Area (sq mi) 0.00 Rainfall (in) 6.0 Curve number 69 Runoff (in) 2.71 Tc (hrs) 0.30 TimeToOutlet 0.00 Ia/P 0.15 Time Total ------------- (hr) Flow POND 11. 0 0 0 I 11. 3 0 0 11. 6 0 0 11. 9 0 0 12.0 0 0 12.1 1 , 1 12.2 2P 2P 12.3 2 2 12.4 1 1 12.5 1 1 12.6 0 0 12.7 0 0 12.8 0 0 13.0 0 0 13.2 0 0 13.4 0 0 13.6 0 0 13.8 0 0 14.0 0 0 14.3 0 0 14.6 0 0 15.0 0 0 15.5 0 0 16.0 0 0 16.5 0 0 17.0 0 0 17.5 0 0 18.0 0 0 19.0 0 0 20.0 0 0 22.0 0 0 26.0 0 0 P - Peak Flow Subarea Contribution to Total Flow (cfs) ------------ fILE COpy New Market: P.O Box 69,461 Main Street, New Market MN 55054 . (612) 461-2125 Lakeville: 11276 210th Street w., Lakeville, MN 55044 . (612) 469-1626 Lake Marion: 20151 Icenic Trail, Lakeville MN 55044 . (612) 469-1600 No. 1031 DATE: September 15, 1997 TO: City of Prior Lake 16200 Eagle Creek Ave SE Prior Lake, MN 55372 Dear Sir or Madam: We opened an Irrevocable Standby Letter of Credit No. 1031 in the amount USD $14,687.50(Fourteen thousand Six Hundred Eighty Seven dollars and Fifty cents) In favor of yourselves, FOR THE ACCOUNT OF: Paul and Jeanne Lemke Expires: at 2:00pm on December 31, 1998 at our counters. This is a clean Letter of Credit available against drafts drawn at sight on New Market Bank 20151 Icenic Trail Lakeville, Minnesota bearing the clause: Drawn under Standby Letter of Credit Number 1031 of New Market Bank accompanied by this original Letter of credit for endorsement. SPECIAL CONDITIONS: 1. Drafts must purportedly be signed by the Mayor or the City Manager of the City of Prior Lake. Payment will be made at the counters of New Market Bank, Minnesota. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision) International Chamber of Commerce Publication No. 400. Unless otherwise stated, all documents are to be forwarded to us by mail, or hand delivered to our customers. Documents to be directed to New Market Bank 20151 Icenic Trail Lakeville, MN 55044 We hereby engage with drawers and lor bona fide holders that drafts drawn and negotiated in conformity with the terms of this credit will be duly honored upon presentation. New Market Bank ,~....... Ro~gel, President - ..- . . l0>>v\UL OFFICE COpy of July · "81... by (flJ) w EASEMENT THIS INSTRUMENT, made this 17th day and between GATEWAY DEVELOPMENT CO. of the County of,Scott, State of Minnesota, partL-. of the fi.rst part, and the CITY OF_ PRIOR LAKE, a municipal corporation, party of the second part; WITNESSETH, that the said part~ of the first part in con- sideration of One Dollar and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, do~ hereby Grant, Bargain, Sell, Convey and Warrant to said party of the second part, the easements 5ituated in Scott County, Minnesota, described on Exhibit "A" attached hereto and made a part hereof. IN TESTIMONY WHEREOF, the said part~ of the first part ha~ hereunto set its hand(s) the By: STATE OF ~INNESOTA) ) S5 COCNTY OF ) On this 17th day of July , 198~, before me, a Notary PUblic, within and for said County, personally appeared Wicker, a Partner in Gateway Development Co. Frank .J. to me known to be the person__ described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. '~, v ,,-, -'"" --~--1 t ~~ JANE M. WICKER I : ~ ~~OTAm' DI/BlIC - MINNESOTA i :,~.. SCOTT COUNTY L My COMMISSION EXPIRES June 21, 19135' . ' r , 4 ~~ Prepared by: Orr-Schelen-Mayeron & Associates, Inc. 2021 East Hennepin Minneapolis, MN 55413 OS M EASEMENT NO. Description and Drawing I"t'V", 08M ~--- 1Me~ \..AA,I 1 . M"'" c:un" "'A' 'MIS SUIVn. I'\AIt, 01 IIfJCft WAS NDAItD " Me 01 UMlft MY DtIlCT IWtIWtSlOtt 4NO '" I AM A DUlY 1IOIIn.D u.NO su.-ttYOI 1J ~ ..... .. OM ... ...... J.../ /3, 11 r; . ....."... 110. NO. " "'Anet .. ~0ft0 110. NO. 7tl2 ORR. SCHELEN . MAYERON &r. ASSOCIATES.INC. lOll UST """1""' .... . SUIT' III . .'..(A'OUS. .'..UOfA SStU ., '11l1 JJI.IIM NOTE: No bound.,y tv""., WOtk was ,.,fo,...4 at '0 ,h. "eci.. locatio" of ,hi. troct. OWNERS: Frank Wicker 4769 Dakota St. S.E. Prior Lake, MN 55372 Emmit Knox Route 2, Box 3600 Cody, WY 82414 Jan Gans 3473 Willow Beach Trail Prior Lake, MN 55372 DESCRIPTION OF EASEMENT: * A permanent easement for roadway and u til i ty purposes over. .under and across that part of the North 25.00 feet of the south 444.91 feet of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota lying easterly of Jordan Avenue and westerly of the easterly 200.00 feet of said Southwest Quarter of the Southwest Quarter. Together with a slope easement for roadway cuts and fills over, under and across the north 20.00 feet of the south 464.91 feet of said Southwest Quarter of the Southwest Quarter of Section 36. Said permanent easement contains 32,250 square feet more or less. 8y Deputy ()s~ . ,\' ~o:;;. \ E..''\-\~'T'~' \.,\,L.V I' IL.l...,) b" -+ ~3.~ ''"'_') \J.I,...A.J. ('(\, ~ 5 ~ L,!'.;' - tOeo ,. I "'... " ......41. -....... ac..1otOOL ..... ... IIMt . .~. . "'" ~I ~,. ~I ... "'-. ", "", . ,... .... 1?9C .. , let .. I'.' I'.' .... , ~ '........" . lpv"u~ .... '~ '. _"0. :... it. cl ~. q" . "~" ./ " ~:' c,.....' ( I i .. . - .. . i \ ti.., : ,~. -~ y t " fa . ' " ...".... ,...... teM. · ..""...... C.,,1tC1t' ; r ......_L ~- 3' .,4,~, ",''f <,., ~ BOUNTY MEMORANDUM DATE: TO: FROM: RE: May 13, 1997 File #97-019 Jenni Tovar, Planner ~~ Private Use of Public Easement Agreement The applicant, Paul Lemke, signed and notarized a copy of the "Private Use of Public Easement" agreement on May 6, 1997. The deadline for submittal was May 7, 1997. Upon review of the necessary signatures, it became apparent that the notary for Paul Lemke was in the place of the notary for the City officials. Rather than attempt to modify the document, we have printed a clean copy of the agreement and Paul Lemke signed it on May 13, 1997. While this is after the deadline date, a signed notarized copy was submitted on time. EXHIBIT B PERMIT AGREEMENT FOR PRIVATE USE OF PUBLIC EASEMENTS <:) Tms AGREEMENT is made and entered into the _ day of , ~997, by and between the CITY OF PRIOR LAKE, Minnesota, a municipal corporation () (hereinafter referred to as "City"), and Paul Lemke, (hereinafter referred to as "Owner"). ~ RECITALS WHEREAS, Owner is the fee owner ofa tract of land in Scott County, Minnesota, located at 5116 Gateway Street, Prior Lake, and legally described as follows: That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter; thence East along the South line thereof a distance of 393.00 feet to a point hereinafter referred to as point A; thence North at right angles to said South line a distance of 173.00 feet; thence East parallel with said South line a distance of717.34 fiet more or less to a point 200.00feet West of the East line of said Southwest Quarter of the Southwest Quarter; thence Northerly and parallel with said East line a distance of 246.91 fiet to the actual point of beginning of the tract of land to be described; thence continuing Northerly parallel with said East line a distance of70.60feet; thence deflecting to the left at an angle of 82 degrees 15 minutes 01 seconds a distance of 376.61 fiet; thence Northwesterly along a line drawn at right angles from the Southeasterly right-aI-way line of State Trunk Highway No. 13 a distance of 143. 62 feet to the Southeasterly right-aI-way line of said State Trunk Highway No. 13; thence Southwesterly along said right-aI-way line to its intersection with a line drawn North at right angles to the South line of said Southwest Quarter of the Southwest Quarter from the aforementioned point A; thence South along said line to its intersection with a line drawn West parallel with said South line of Southwest Quarter of the Southwest Quarter from the actual point of beginning; thence East along said parallel line to the actual point of beginning. (hereinafter referred to as "Owner's Property"); and WHEREAS, the City is the owner of roadway and utility easement on Owner's property legally described as follows: A permanent easement for roadway and utility purposes over, under and across that part of the North 25.00 feet of the south 444.91 feet of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota lying easterly of Jordan Avenue and westerly of the easterly 200.00 feet of said Southwest Quarter of the Southwest Quarter. " ) " WHEREAS, a portion of the parking lot serving Owner's Property encroaches on a portion of the easement within the Owner's property, as described on Exhibit A attached hereto (the encr~ached portion of the easement hereinafter referred to as the "Permit Property"); and WHEREAS, Owners have requested the City to authorize continued use of the Permit Property for parking lot/drive aisle/landscaping purposes; and WHEREAS, such continued use of the Permit Property is not inconsistent with current use of the easement by the City and the public; and WHEREAS, the City may in the future desire to use the Permit Property for other purposes which are not consist~nt with parking/drive aisle/landscaping use, and therefore the City intends to retain all of its right, title, and interest in the Permit Property. NOW THEREFORE, the parties agree as follows: 1. Permit. Owners shall be permitted to use the Permit Property for parking lot/drive aisle/landscape purposes at Owner's sole expense and risk, and with full knowledge the City may, upon notice as provided herein, require Owner's parking lot/drive aisle/landscaping to be removed from the Permit Property at any future date, at Owner's expense. The Permit Property must be kept open to public use at all times, and not fence or other obstruction may be placed on the Permit Property withoutthe prior written approval of the City, which may be given or withheld in the sole discretion of the City. 2. Maintenance of Permit Property: Modification. Owner shall maintain the Permit Property in good condition at all times, at their sole cost and expense. If Owner fails to do so, the City may cause the necessary repair or maintenance to be done at Owner's cost. If Owner fails to pay the City for such costs, the City may assess the costs against Owner's Property. Owner shall not make any modifications to the parking lot/drive isle/landscaping or otherwise modify the permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 3. Termination. In the even the City desires to use the Permit Property for a purpose which is inconsistent with the parking lot/landscaping use by Owner, to be determined in the City's sole discretion, or in the event Owner fails to comply with any requirement of this Agreement within sixty (60) days after receiving a notice form the City requesting such compliance, the City through its City Manager may terminate this Agreement by giving ninety days (90) days written notice of termination to Owner by certified mail at the following address: 5116 Gateway Street, Prior Lake, Minnesota, 55372. Such notice may, at the City's option, require Owner to completely remove the 2 parking lot/drive isle land/landscaping from the Permit Property within said ninety (90) day notice period, including all debris. If this Agreement is terminated by the City as provided herein, Owner wi,!l be solely responsible for all costs and expenses related to construction of a parking lot/drive aisle/landscaping which is located on Owner's Property in accordance with all City Ordinances. If Owner fails to remove the parking lot/drive aisles/landscaping as required by a proper notice of termination, the City may cause the removal to be done and costs of such work shall be paid by Owner, If Owner fails to pay the City for such costs, the City may assess the cost against the Owner's Property. 4. Future Development. Owner understands and acknowledges the City may utilize the Permit Property for roadway and utility purposes at some future date, and the design of such access shall be in the sole discretion of the city. In the event the City undertakes such development, and if this Agreement is not terminated by the City as provided above, Owner agrees to cooperate with the City as necessary to facilitate construction of such roadway and utility improvements, and the City agrees to use its best efforts to accommodate Owner's access over the Permit Property during construction. 5. Indemnity. Owner shall defend, indemnify, and hold harmless the City and its employees, subcontractors, agents, and representatives from and against all claims, damages, losses, costs and expenses, including attorney's fees, which may be incurred by or asserted against the City or for which the City may be held liable, which arise out of or result from use of the Permit Property for parking lot/drive aisle/landscaping purposes, including but not limited to the maintenance, repair or removal of Owner's parking lot/drive aisle/landscaping, except liability caused solely by the negligence of the City. 6. Insurance. As long as this permit is in existence, Owner shall maintain a general liability insurance policy which provides coverage for the Permit Property for any damage to property of others or injuries to persons. Said insurance policy shall provide coverage on an occurrence basis in an amount no less than one hundred thousand dollars ($100,000.00), and shall include contractual liability coverage to provide coverage for the indemnification provision in Paragraph 5 above. Said policy shall contain a clause which provides that the insurer will not change, non-renew, or materially change the policy without first giving the City thirty (30) days prior written notice. Owner shall provide the City with a Certificate of Insurance for said policy which specifically details the conditions of this Paragraph 6. 7. Waiver of Claims. Owner acknowledges City's ownership of the Permit Property and knowingly waives any and all claims against the City related to Owner's use of the Permit Property, including but not limited to claims of abandonment and contractual claims arising out of this Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. . 3 8. Condition of Property. Owner accepts the Permit Property "as is" and the City makes no warranties regarding the conditions of the Permit Property or the suitability of the Permit Prpperty for Owner's purposes. 9. Bindini Effect. This Permit Agreement shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs, successors, or assigns. 10. Whole Aireement: Modifications. This Agreement contains all of the terms and conditions relating to the permit granted herein, and replaces any oral agreements or other negotiations between the parties relating to the permit. No modifications to this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 11. Recordation. Owner shall cause this Permit Agreement to be recorded in the office of the Scott County Recorder/Registrar of Titles at their cost and expense. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. Lydia Andren, Mayor CITY OF PRIOR LAKE By By \10\0 Frank Boyles, City Manager STATE OF MINNESOTA) )SS COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this -.L day of ~~ ' 1997, by Lydia Andren and Frank Boyles, the Mayor and City Manager respectively of the City of Prior Lake, on behalf of the City of Prior Lake through authority granted by its City Council. e PATRICIAN. NOTARY PUBlIC-MI . SCOTT . My CormllIIicln __ oWl SUDI O-~ 4 VOID . STATE OF MINNESOTA) )SS COUNTY OF SCOTT ) - The foregoing instrument was acknowledged before me this L day of ?'/1t7'~ ,1997, by "//au/ tv, /.1?t-Cf~O.L.. , on behalf of the (corporation/partnership). ~~C:? m~ 'e PATRlCIA.AolER. ICH nlitary Public NOTARY PUBUC--M1NNtSOTA SCOTT COUNlY ~~ -11._ VOID 5 PERMIT AGREEMENT FOR PRIVATE USE OF PUBLIC EASEMENTS ~~cJ Cv.:> ~ i::.J.Px 1Zt S"[<il11J~ I2.cJ~CC WYcTlfL ~k.:hM Gp//ClMJ e.uF FllE COP1 THIS AGREEMENT is made and entered into the ~ day of .1\,~ ' 1997, by and between the CITY OF PRIOR LAKE, Minnesota, a municipal corpo tlOn (hereinafter referred to as "City"), and Paul Lemke, (hereinafter referred to as "Owner"). RECITALS WHEREAS, Owner is the fee owner of a tract of land in Scott County, Minnesota, located at 5116 Gateway Street, Prior Lake, and legally described as follows: That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest. Quarter; thence East along the South line thereof a distance of 3 93.00 feet to a point hereinafter referred to as point A; thence North at right angles to said South line a distance of 173.00 feet; thence East parallel with said South line a distance of717.34 feet more or less to a point 200.00 feet West of the East line of said Southwest Quarter of the Southwest Quarter; thence Northerly and parallel with said East line a distance of 246.91 feet to the actual point of beginning of the tract of land to be described; thence continuing Northerly parallel with said East line a distance of 70. 60 feet; thence deflecting to the left at an angle of 82 degrees 15 minutes 01 seconds a distance of 376.61 feet; thence Northwesterly along a line drawn at right angles from the Southeasterly right-of-way line of State Trunk Highway No. 13 a distance of 143. 62 feet to the Southeasterly right-of-way line of said State Trunk Highway No. 13; thence Southwesterly along said right-ol-way line to its intersection with a line drawn North at right angles to the South line of said Southwest Quarter of the Southwest Quarter from the aforementioned point A; thence South along said line to its intersection with a line drawn West parallel with said South line of Southwest Quarter of the Southwest Quarter from the actual point of beginning; thence East along said parallel line to the actual point of beg inning. (hereinafter referred to as "Owner's Property"); and WHEREAS, the City is the owner of roadway and utility easement on Owner's property legally described as follows: A permanent easement for roadway and utility purposes over, under and across that part of the North 25.00 feet of the south 444.91 feet of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota lying easterly of Jordan Avenue and westerly of the easterly 200.00 feet of said Southwest Quarter of the Southwest Quarter. \ WHEREAS, a portion of the parking lot serving Owner's Property encroaches on a portion of the easement within the Owner's property, as described on Exhibit A attached hereto (the encroached portion of the easement hereinafter referred to as the "Permit Property"); and -- WHEREAS, Owners have requested the City to authorize continued use of the Permit Property for parking lot/drive aisle/landscaping purposes; and WHEREAS, such continued use of the Permit Property is not inconsistent with current use of the easement by the City and the public; and WHEREAS, the City may in the future desire to use the Permit Property for other purposes which are not consistent with parking/drive aisle/landscaping use, and therefore the City intends to retain all of its right, title, and interest in the Permit Property. NOW THEREFORE, the parties agree as follows: 1. Permit. Owners shall be permitted to use the Permit Property for parking lot/drive aisle/landscape purposes at Owner's sole expense and risk, and with full knowledge the City may, upon notice as provided herein, require Owner's parking lot/drive aisle/landscaping to be removed from the Permit Property at any future date, at Owner's expense. The Permit Property must be kept open to public use at all times, and not fence or other obstruction may be placed on the Permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 2. Maintenance of Permit Property: Modification. Owner shall maintain the Permit Property in good condition at all times, at their sole cost and expense. If Owner fails to do so, the City may cause the necessary repair or maintenance to be done at Owner's cost. If Owner fails to pay the City for such costs, the City may assess the costs against Owner's Property. Owner shall not make any modifications to the parking lot/drive isle/landscaping or otherwise modify the permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 3. Termination. In the even the City desires to use the Permit Property for a purpose which is inconsistent with the parking lot/landscaping use by Owner, to be determined in the City's sole discretion, or in the event Owner fails to comply with any requirement of this Agreement within sixty (60) days after receiving a notice form the City requesting such compliance, the City through its City Manager may terminate this Agreement by giving ninety days (90) days written notice of termination to Owner by certified mail at the following address: 5116 Gateway Street, Prior Lake, Minnesota, 55372. Such notice may, at the City's option, require Owner to completely remove the 2 parking lot/drive isle land/landscaping from the Permit Property within said ninety (90) day notice period, including all debris. If this Agreement is terminated by the City as provided herein, Owner will be solely responsible for all costs and expenses related to construction of a parking lot/drive aisle/landscaping which is located on Owner's Property in accordance With all City Ordinances. If Owner fails to remove the parking lot/drive aisles/landscaping as required by a proper notice of termination, the City may cause the removal to be done and costs of such work shall be paid by Owner, If Owner fails to pay the City for such costs, the City may assess the cost against the Owner's Property. 4. Future Development. Owner understands and acknowledges the City may utilize the Permit Property for roadway and utility purposes at some future date, and the design of such access shall be in the sole discretion of the city. In the event the City undertakes such development, and if this Agreement is not terminated by the City as provided above, Owner agrees to cooperate with the City as necessary to facilitate construction of such roadway and utility improvements, and the City agrees to use its best efforts to accommodate Owner's access over the Permit Property during construction. 5. Indemnity. Owner shall defend, indemnify, and hold harmless the City and its employees, subcontractors, agents, and representatives from and against all claims, damages, losses, costs and expenses, including attorney's fees, which may be incurred by or asserted against the City or for which the City may be held liable, which arise out of or result from use of the Permit Property for parking lot/drive aisle/landscaping purposes, including but not limited to the maintenance, repair or removal of Owner's parking lot/drive aisle/landscaping, except liability caused solely by the negligence of the City. 6. Insurance. As long as this permit is in existence, Owner shall maintain a general liability insurance policy which provides coverage for the Permit Property for any damage to property of others or injuries to persons. Said insurance policy shall provide coverage on an occurrence basis in an amount no less than one hundred thousand dollars ($100,000.00), and shall include contractual liability coverage to provide coverage for the indemnification provision in Paragraph 5 above. Said policy shall contain a clause which, _ provides that the insurer will not change, non-renew, or materially change the policy without first giving the City thirty (30) days prior written notice. Owner shall provide the City with a Certificate of Insurance for said policy which specifically details the conditions of this Paragraph 6. 7. Waiver of Claims. Owner acknowledges City's ownership of the Permit Property and knowingly waives any and all claims against the City related to Owner's use of the Permit Property, including but not limited to claims of abandonment and contractual claims arising out of this Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. 3 8. Condition of Property. Owner accepts the Permit Property "as is" and the City makes no warranties regarding the conditions of the Permit Property or the suitability of the Permit Property for Owner's purposes. 9. Binding Effect. This Permit Agreement shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs, successors, or aSSIgns. 10. Whole Agreement: Modifications. This Agreement contains all of the terms and conditions relating to the permit granted herein, and replaces any oral agreements or other negotiations between the parties relating to the permit. No modifications to this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 11. Recordation. Owner shall cause this Permit Agreement to be recorded in the office of the Scott County Recorder/Registrar of Titles at their cost and expense. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. By CITY OF PRIOR LAKE STATE OF MINNESOTA) )SS COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me thIS L day of , 1997, by Lydia Andren and Frank Boyles, the Mayor and City Manager respectiv of the City of Prior Lake, on behalf of the City of Prior Lake through authority ranted by itS.. City Council. . A1J '_b._ !~r::l ~_ ~ME"rR ~- - _I 111~~~Il,~1 Notary Public 4 , . STATE OF MINNESOTA) )SS COUNTY OF SCOTT ) The foregoing i~~trument was acknowledged before me this J3~day of , 1997, by +PruL LevVlA (:I / , on behalf of the (corpor in/partnership). 5 05~21-97 02:57PM FROM MBE 1276 POl FARMERS INSURANCE GROUP OF COMPANIES ~ ~ O"'TE _.___}.I.~_1 /9? INsuREO'S N"ME PAG L ~'J :.EYJ\.~ M"'ST;R NUMBER PRICR u'AE PLANNING DE?!' . .~...... ....._..... ... 4. ..0. .._ ATTN JENNI TOVAR POLICY NUMmm 1 J -912293424 P~EM"T1C NI,IM.n ,OAN NUMBER c:tAIMANT'$ "AMi 0. lE OF LOS$ ..___,r~.Ni\U.1 PElt OUR COiNE?SATION TRIS r'!ORNING, 1 A~i .8XTS~iDING THE ti.~3II;.ITY PQ1.T~ON OF PAUL'.3 HO~{Ea,.JN:2.R::; PO:lC I TO T:iS ;'jZW BLDG ..:iIT~. Tars BINDM ffiOVES COVERA~S JNTlL A BUil.Om., a.J:3K POLiCY IS fURC.ciASED :,i.iUCH !tiILL mOVIDE TnS .::lA.AZ COVZR.';'G2 IN PACi\AG~ FORM. THEREFOR 1.00 HO~if RECEIVE AN AC'l'JA.L C:i:RT1Fi:C.ri.TE. O TRANSACTION PENDING, PLEASE REPLY BY: F' . . PETE PRINDLE . .. AAMERS INSURANCE GROUp leOL8!1 FRANCE AVE. So. tiS O('I~..r~ON. MN 5543, ;J;;,. , -ZS29 SIGNATURE cc: FROM: DEPT, AND REGIONAL OFFICE 2b..Q317 1.00 I J.4QQl W/'Jro C/2.t$OO .. ~ J2.S PRINTED IN uS". INSURANCE BINDER The inSurance has been applied for and is bound for 60 days Irom the Effective Data pending issuance 01 a POlicy 10 the Named Insured: except in Illinois. Kansas, and Oregon where it is bound until the polley applied tor and currently in use by tne Issuing Company Is cancelled in accordance with its terr'!1S, This insurance Is suoiact 10 the terms, conditions and limitations at lhe policy(les) applied lor and currently In use by the Company. Please accept this form as a blnOer. ....m INSURID I L~"'N NUMUII I EfFiCTl'J; DAU X4\ilt::>i PAUL W LEM.i\Z 709790 S 21/97 ,. 1 :)0 ~,M. PRD~lRTT '_IURID (VEHICI.., "'EA~, MAKE AND 1.0." DWELLING: flJL~ STRtET ADDRESS 1 ReM..al Dalt 12:01 A.II. SEe 35, TWP 115, RANG~ 22 SCOTT CT',t PRIOR LAKE HN 55372 ~'1~~1:1 1'/29/97 AI X-KX, 01.1, D ~.D. o U.M. o M.d. :J CD,"'. D CAC LJ Calli lion o PI'. O..IUlnl c.: 1:4111..10 oK' MDm.aWDe' _ EeE COV!RAGE :J fin I Theft .1 Palley =-; Braid 'Oflll . * . 019.000 Q Sp.elol LIIIIITl S S $ S $ S S S S ~L form ptTQltl'C'blr GTH!1l o M.~Il. HDIlI. S P1u. C:lIVIIlAGe& EXTE~-m LIABILlT:' TO ABOVE 1OCATION $)00,000 ..., ISSUING proml... 'olle, I.mbo. CDMPAIl'r IL1HJOIS FARMERS INSURANCE CO $ 13-91229341:4 LIENHOLDER Lass Payable Endorsement In 'avor af <1l ~ Agent's Address 31-0075 2.gs I 500 I ~,iD. '""~", .~~ c: /d I J~ -; =-Dr! ( ~Dii~ ). ~ l3- D~r.') 3~:~T - 1111116 In IhQusand ot dull an 0 0) ~~ -I ~ ~* 39J--l/3 z en 0 en 0 :r: I l\) C;7 c )> to 0 ^ 0) (') 0 w c 0) 3: "'U m m ch z -I m 0'1 en ..... z s: en ~ 0 z C) -I 0 CJ1 0 < 8 ~ en=1 > c c.r~ c () ~C)C)C) ::>:' > 0 ~ooo en > C,.1i ~~=1~"tJ I :0 r.o.:; m r..) 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