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Home My WebLink About00-072 CUP ADDITIONAL MA TERIAL/PLANS AVAILABLE IN LARGE SCALE. SEE THE PLANNING DEPARTMENT FOR ASSISTANCE AT (952) 447-9810. ~~ '~~ YEAR: c./TYUU b irt1!LEfJ; of/IJA~ . ~~~. Land Use Application Holiday Companies Request for Conditional Use Permit 24 Hour 3,965 sq.ft. Convenience Store w/5 fueling positions featuring a 1,439 sq.ft. Touch Free Car Wash Situated on 2.13 acres South West Corner CO. RD. 42 and Pike Lake Trail Prior Lake, MN , OCT. 25. 2000 3:03PM 6128301681 HOLIDAY Iwrn:~~:[g IU \~ City of NO. 2493 P. 2/2 " P]aDoing Case File No. Property Identification No. r Lake PLICATION C1J - r~ ~~-,~~ 3 - 04J.-o 16200 Eagle Creek Avenue S.E./.Prior Lake, Minnesota 55372-17]4 J Phone (612) 447-4230, Fu (612) 447-4245 Type of Application: Brief description of proposed project (attach additional - .0 Rezoning, from (present zonin~) sheets/narrative if desired) to (proposed 2oning) o Amendment to City Code, Compo Plan or City Ordinance See attached o Subdivision of Land #clidAlf (~hv.fidf1/p;U ~ J, ~ o Administrative Subdivision I ~ Conditional Use Pennit o Variance Applicable Ordinance Section(s): o Other: . . Applicant(s ): Lvndale Terminal Co.. Attn: Victor J. Sacco Address: 4567 W. 80th St., Bloomington, MN 55437 Home Phone: Work Phone: (q')?) ~no P.7f.7 Property Owner(s) [If different from App~cantsJ:~EN~ I). Address: l~~Q~-rVe <;'W te 2ro \~ \ ~n ~l~ Home Phone: ((Pj I - 4CttJ -44{:b Work Phone:" .. ob to 00 Type of Ownership: Fee....L.. Contract for Deed _ Purchase Agreement - . Legal Description of Property (Attach a copy ifthere is not enough space on this sheet): T ,n r ? f Rlock 1 r FOllntRin Hillf:t Annirion. Rrrorning ro thp rprnrnpn plRr Th~T~nr Scott County, Minnesota. To the best of my knowledge the information provided in this application and other material submitted is correct. In addition, I have read the relevant sections of tbe Prior Lake Ordinance and procedural guidelines, and understand that 'ppli<ation, "iltl~rx~.med complet. by the PI..ning Dk,,"r or ><S';;j i/9<l 1J Victor J. . Applicant's Signaruf; Sacco Date ~ ~ ~ L-:"7 .~. ... Jr-' ,,'/. '/ ~- . fee Owner's Signature "--- Date THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE PLANNING COMMISSION APPROVED DENIED DATE OF HEARING CITY COUNCIL APPROVED DENIED DATE OF HEARING . CONDITIONS: . Signature of Planning Director or Designee Date lu-app2.doc HULlUA Y vUIVIt"'AI'IIIl:'=l DISBURSING AGENT FOR: HOLIDAY STATIONSTORES.INC., FAIRWAY FOODS. INC. ERICKSON PETROLEUM CORPORATION. WORLD WIDE, INC. l YNDAlE TERMINAL. CO.. HOLIDAY DIVERSIFIED SERVICES. INC. P.O. BOX 1224. MINNEAPOLIS. MN 55440 1077858 [!li~e!~~: Drawn on CareStates Bank 01 Delaware NA 62-22 311 :':'.~~~(':'i~.I'I.~.I~I.~~'I.iI.:I"-""IiI:I::nf~~Io.""I{.~.I_~~~~.I~,~ _. :::: \fL- .;il\\/ '1(/ .. -';';';';',':':;." "".:,;~:;.;;;::~::;:: . ';'.' '._ ~u C},~..~.. . ~.:~:~ 1.~.~.~.~_~:~.~~.~~J1 :~.,: 5.~~.~:~_:~ II ~. .;.....'. CHECK DATE CHECK NO. PAY THIS AMOUNT .;.:.:.:"_.:.:.:,:.:.;.:.;.;.;,;.:.,;.,.,-_.~': :::::::::::;:;:;:::::::. PRIOR LA 16200 EAGLE. CREEK AVE SE PRIOR LAKE MN 55372~1714 .......\\ ... "':I*J.'~~ ...... ::}: :;:::::::: \\\ //Y }t ".:.;.;._.nh"';.:.;':': :.;.;.:.;.;..... ;.....:. .........I.. .............. ........./( fir ii .;...\..... Mltb)lJ :.;.;.:...::;.;.;. <:::;;.;:;;::::; ::::::::.::::::::::: I - - -- ----------- 389249 R/B.STROM NET PAYMENT; . REMIT MESSAGE CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE, MN 55372 (612) 447-4230, FAX (612) 447-4245 RECEIPT # 38518 DATE: II/Id/(J(J I , :::~V~dO:f -u,~~~ onvIv ML/oo for the purpose of . .jJ,,{.l d I?J t> ~ irr--J ru P dollars Invoice # $~~ ;s: ~ 0.. o C ~ C "" ... "" "" c.. o n 0- ~ ~ 5' ee C :!. en z - ;t> - ;l en -I>>~"C)> ig::TO W 0 cr"'O Cir 0I3::Ten- q"C _~ g, ..,I>>::T_ ~ :!_ en g s: -- eno. 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I-' I-' CJl ;t> I -I ~ TIMING l' . . ,#I Process~'o~ CUP takes a,minimumef ~eeks",.'.A legal n9ti. must be published in the newspaper and noti!es sf!ht to property owlers withi",50~et. 4illue t6dea<iines, the application must be received at least 30 days prior to the Planning Commission meeting. Once published, the Planning Commission can review the request. The Planning Commission meets on the second and third Mondays of each month. The request is then forwarded to the City Council for review and approval. The City Council meets on the first and third Mondays of each month. Due to deadlines, it takes approximately 4 weeks to be heard by the City Council, once reviewed by the Planning Commission. The City Council decision will be in the form of an official resolution. However, no conditional use permit is valid until the applicant has signed an assent form and the approved exhibits which aclmowledge the terms and conditions under which the permit was issued. Upon receipt of the signed assent form, the resolution must be recorded. The City staffwill provide the applicant with a certified copy of the signed resolution as soon as possible, usually within one week of approval. It is the applicant's responsibility to record the resolution and provide proof of recording to the City prior to the issuance of any building permits or certificates of occupancy. ~ 1:\handouts\cupapp.doc 3 , I j ~ g ~ c: "0 III "0 "0 C- O n N ::;; 0) 0)> &. !!!. Cl)CO . ::J 0) co Cl) "0 or ::J 0) en CD ..0 C :::;. Cl) a. 0" '< en Cl) a o' ::J 0)> 0_ a. -. Cl)CO .::'; :j" co "0 or ::J 0) en ..... ..... o ""oj :r:.. o o o - :T Cl) N o ::J :r co en ro ro en en (:: (:: cT cT S S f-J. f-J. rt rt rt rt $l) $l) f-' f-' 0. 0. 'i 'i ~ ~ f-J. f-J. ::l ::l ()'Q ()'Q en en ... Cl) ..0 C a' a. 0" '< en Cl) o - o' ::J ~)> o!:j ""ojCl) NCl) .....-0 0'" om o Cl) ;::< ;:r0) Cl)::!: NO o ::J ::J 0) :j" a OCD 0"0 ~or . g 3 Cl) ~ "0 or ::J 0) en ... Cl) ..0 c:: :::;. 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Cl) N !!!..SD CD 0' . 0 !!t o' ;:l 0) ::J a. c:: en Cl) o - 0) :J '< "0 ... o "0 o en Cl) a. ::J o ::J ... Cl) en c: Cl) ~ 9r :::0 m D c: - ;a m .0 - Z -n o ;a s: )> ::! o z or - o' ... o :T Cl) ... en c:: 0" a. <' en' o' ::J 0) c=r !!t o' ::J en ..... ..... o :--l ..... CO o o o - - ;:r Cl) N o ::J :r CO en ro ro 5' a. <' c: C !B. or ::J a. c:: en Cl) en o ::J :T Cl) !!!. CD ... o C ::J a. ::!I o o ... 0) ... (t) 0) en -)> ;:r::J Cl),< ... 0 O:T o (t) en ... ~5' Clf g' :T a 3 CD . Cl)' !!t ~.... Sl o' en . 3 ::J :e m i :T.. fii ,... c:r:-:-: "I :T.....i~ _e.:" 3 ::J.Y CD 0) ~.. c:: '< C '". :;- CD ~.: Cl)..o CD 3 c:: _.. (t) Cl) :T ~ ~ CD. en_ 00 O~ ;:: ci . ;:r (t) - -...- o en Cl) :e en'" _. c::~. _ O"::J ... en Cl) ~~ o'~ ::J_ ;:r (t) ... or ::J ~ or N 0) en 0) ::J a. o o 3 3 o ::J 0) ... Cl) 0) en en ro ro en (:: cT S f-J. rt rt $l) f-' 0. 'i ~ f-J. ::l ()'Q en r- o n )> ~. - o z en en en ro ro ro ro ro ro en en en (:: (:: (:: cT cT cT S S S f-J. f-J. f-J. rt rt rt rt rt rt $l) $l) $l) f-' f-' I-' 0. 0. 0. 'i 'i 'i ~ ~ ~ f-J. f-J. f-J' ::l ::l ::l en en en ...J ..a . en c: OJ s: :i. m c ---...-...- ... ,,~,. "r-r-c."""" IN ::>\.,;Ht.UULI:. 1:1 VI- THE COMMITMENT FOR TITLE INSURANCE ISSUED BY Cl- TITLE INSURANCE COMPANY, FILE NO, 2624778 DATED APRIL 30TH, 2000 AT 7: 00 A.M., ARE SHOWN. NO 0- --. M.. --- ----RDED OR UNRECORDED EASEMENTS WAS MADE BY THE SURVEYOR AS PART OF THIS SUR' ATTACHMENT #1 -, LEGAL DESCRIPTION PER TITLE COMMITMENT LOT 2, BLOCK 1 FOUNTAIN HILLS ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF SCOTT COUNTY, MINNESOTA. LEGEND >> >> --.J '" EXISTING STORM SEWER = EXISTING SANITARY SEWER - EXISTING WATER LINE = EXISTING OVERHEAD UTILITY = EXISTING UNDERGROUND TELEPHONE EXISTING UNDERGROUND ELECTRIC = EXISTING UNDERGROUND GAS LINE = EXISTING FIBER OPTIC LINE ~ = CATCH BASIN > > ohu ohu ugt ugt ue ue 9 9 fo fo 2 EB o = ELECTRIC BOX ... = HYDRANT t.1 = FLARED END SECTION gq = GATE VALVE rng,IP = FOUND IRON PIPE 4- = UTILITY POLE o = SANITARY OR STORM MANHOLE 18 @ = TELEPHONE BOX ~ = TELEVISION BOX I: .~ .':-':';2 . ..' ..... ,.' . - :... :.....:. .... ;'. :...~., - CONCRETE BITUMINOUS IN TO WENSMANN HOMES. CHICAGO TITLE INSURANCE COMPANY, FIRST AMERICAN TITLE INSURANCE COMPANY AND L YNDALE TERMINAL CO. THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH "MINIMUM STANDARD DETAIL RE<JUIREMENTS FOR ALTA/ACSM LAND TiTlE SURVEYS," JOINTlY ESTABLISHED AND ADOPTED BY AL TA, ACSM AND NSPS IN 1997, AND PURSUANT TO THE ACCURACY STANDARDS (AS ADOPTED BY ALTA AND ACSM AND IN EFFECT ON THE DATE OF THE CERTIFICA TION) OF AN URBAN SURVEY. DAf2ED 17 OF JULY. 2000. SIGNED: PIONEER NGIN E NG, P.A. By r Jon C. Lorson, Lond Surveyor Mir, esoto license No. 19828 :\"'" ~ '~ ;~ f\. ~ f:~ &.~~ .~'I:~:'I= ~ ~ :T':::'? .JUt 2 4 2000 I, r:;\:(Jfj~.iE~~.:~~,>;c; -~ ATTACHMENT #2 Name of Owner: Wensco, Inc. Att: Kelly Murray 1895 Plaza Drive Eagan, MN 55122 651-406-4400 Name of Applicant: Lyndale Terminal Co. Att: Victor J. Sacco, Manager of Real estate 4567 W. 80th Street Bloomington, MN 55437 952-830-8767 Name of Surveyor: John C. Larson Pioneer Engineering 2422 Enterprise Drive Mendota Heights, MN 55120 651-681-1914 Zoning District: C-4 General Business Use District ATTACHMENT #2 CONT. Designer of the Plat: Wens co, Inc. Designer of the Submittal Drawings: Insites Attention, Bob Mueller 763-476-9573 Fax: 763-476-4939 Architect: Sagat Architects, P .A. Attention, Bob Sagat 612-822-8200 Fax: 612-822-0808 Yahoo! Maps and Driving Directions http://maps. yahoo.com/py/pmap.p... FClient=&mag=7 &cs=7 &name=&desc= ~(MAPS Yahoo! - Maps - Yellow PaQes - Help Powered by Mapquest.com (tm) ATTACHMENT #3 Prior Lake, MN Powered by Mapquest.com (tm) Terms of Use Copyright@ 2000 NavTech. Copyright@ 2000 Yahoo! Inc. All rights reserved. Privacy Policy - Terms of Service - ~ 1 of 1 10/27/2000 11 :43 AM Yahoo! Maps and Driving Directions http://maps. yahoo.com/py/pmap.p... FClient=&mag=8&cs=7 &name=&desc= ~!MAPS Yahoo! - Maps - Yellow PaQes - Help Powered by Mapquest.com (tm) BuA ~ mBulii ATTACHMENT #4 Prior Lake, MN Powered by Mapquest.com (tm) Terms of Use Copyright@2000 NavTech. Copyright@2000 Yahoo! Inc. All rights reserved. Privacy Policy - Terms of Service - ~ 1 of 1 10/27/200012:44 PM . . Doc. No. A 535102 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on 01-23-2002 at 11 :20 Receipt: 153530 Pat Boeckman, County ReCorder 01 by~,DePuty Fee: $21.00 State of Minnesota ) )ss. County of Scott ) I, Kelly Meyer, being duly sworn, as Deputy City Clerk for the City of Prior Lake, do hereby certify that the attached RESOLUTION 01-11 is a true and correct copy of the original as passed and adopted by the City Council of the City of Prior Lake at its February 5, 2001 meeting. Date: 2/9/0'1 I ......,:.;~">" ... ~""\ \..,/--\ 1\ r:. ..\,/,. '.. " (/...~ ..,........ j';1 ' .~ 0\- .... (... 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RESOLUTION 01-11 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A GAS STATION/CONVENIENCE STORE/CAR WASH WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, MOTION BY: ERICSON SECOND BY: GUNDLACH the Prior Lake Planning Commission conducted a public hearing on December 11, 2000, and on January 16, 2001, to consider an application from Lyndale Terminal Co. for a Conditional Use Permit (CUP) for the construction of a gas station/convenience store/car wash on the property located at the southwest comer of CSAH 42 and Pike Lake Trail and legally described as follows: Lot 2, Block 1, Fountain Hills Addition. ,Jt; ;;J 53 h 300~6 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 proposed CUP; and the City Council considered the application for a CUP on February 5, 2001; and the Planning Commission and City Council find the CUP in harmony with both existing and proposed development in the area surrounding the proj ect; 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 meets the criteria for approval of CUP as contained in Section 1102.1203 of the Zoning Ordinance and Section 1108 of the Zoning Ordinance. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: x r:\resoluti\planres\2001\OI-ll.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 21-47-4245 AN EQUAL OPPORTUNITY EMPLOYER , 1. It hereby adopts the following findings: a. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. Two of the goals of the Comprehensive Plan are to encourage a diversified economic base and to promote sound land use. The proposed use provides additional commercial development in the City. The location of the use is also consistent with the Comprehensive Plan in that it has good access from collector streets. b. The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. In general, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The access to the site is from a collector street, and will not direct traffic through any adjacent residential areas. c. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The site plan meets the requirements of the Zoning Ordinance, with the exception of the number of parking spaces. There is room on the site to accommodate the required spaces. d. The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The streets and utilities to serve this development are in place. This use will not adversely affect those services. e. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. With the required changes, the use will be screened from the adjacent roads, and will not have an adverse impact on the nearby properties. f. The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. The revised site plan is generally consistent with the provisions of the Zoning Ordinance. There are some minor changes required to the site plan in order to ensure the development is consistent with the provisions of the Zoning Ordinance. g. The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. r:\resoluti\planres\200 1 \0 l-ll.doc Page 2 .... The City Engineer has reviewed the grading and drainage plans for this site and has generally accepted the proposal. h. The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. The Planning Commission recommended approval subject to conditions necessary to meet ordinance requirements. The Commission did not feel additional conditions were necessary for this use. 2. The Conditional Use Permit is hereby approved on the property legally described as follows: Lot 2, Block 1, Fountain Hills Addition. 3. The Conditional Use Permit is hereby approved subject to the following conditions: a. The site plan must be revised to provide the minimum number of parking spaces. b. An access easement for the shared driveway must be submitted. c. An irrigation plan must be provided as part of the landscaping plan. d. Drainage and surfacing plans for the car wash must be submitted for review and approval by the City Engineer. e. Outside Storage and Display: No outside sale or display shall be permitted except gasoline and other goods consumed in the normal operation of a car and limited to the following products: oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries. No products shall be sold or displayed in . any required yard nor shall the total display area occupy more than 150 square feet in area or be more than 5 feet in height. No other vehicular parts and non- automobile oriented goods shall be displayed or sold outside. f. Public Address System: No public address system shall be audible from any property located in an "R" Use District. g. Operation of Car Wash: The car wash will not operate after 10 p.m. or before 6 a.m. unless the doors to the bay remain closed to prevent noise impacts to the surrounding residential neighborhoods. r:\resoluti\planres\200 1 \0 1-11.doc Page 3 .. r . CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for the construction of a gas station/convenience store/car wash. The contents of Planning Case File #00-072 is hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 5th day of February, 2001. YES NO Mader X Mader Ericson X Ericson Gundlach X Gundlach Petersen Absent Petersen Absent Zieska X Zieska {Seal} r:\resoluti\planres\200 I \0 1-II.doc Page 4 Scott County Customer Service (952) 496-8150 # 153530 23-JAN-2002 CUSTOMER HOLIDAY CO A Filing Abstract Total for Fee A Copy Conformed Conformed Copy Total for Fee Receipt Total Check Payment Total Change 1@ 20.00ea 2000 1@ 1 .00ea 1.00 21.00 21.00 21.00 0.00 i1 ASSENT OF APPLICANT File #00-072 As Approved by Resolution #00-11 The undersigned hereby assents to the following: 1. I have read the conclusions and conditions of said Resolution, and I am familiar with their contents and with the content of the exhibits. 2. I fully accept all of the terms and conditions of said Resolution. 3. I understand Section 1108.200 ofthe Prior Lake Ordinance Code provides as follows: 1108.211 Revocation and Cancellation of a Conditional Use Permit. A Conditional Use Permit may be revoked and canceled if the Zoning Administrator determines that the holder of an existing Conditional Use Permit has violated any of the conditions or requirements imposed as a condition to approval of the Conditional Use Permit, or has violated any other applicable laws, ordinances, or enforceable regulation. 1108.212 After One Year. No Construction Required. All Conditional Use Permits shall be revoked and canceled if 1 year has elapsed from the date of the adoption of the resolution granting the Conditional Use Permit and the holder of the Conditional Use Permit has failed to make substantial use of the premises according to the provisions contained in the Permit. 1108.213 After One Year. New Construction ReQuired. All Conditional Use Permits shall be revoked and canceled after 1 year has elapsed from the date of the adoption of the resolution granting the Conditional Use Permit if a new structure or alteration or substantial repair of an existing building is required by the Conditional Use Permit and the holder has failed to complete the work, unless a valid building permit authorizing such work has been issued and work is progressing in an orderly way. 1108.416 Upon Occurrence of Certain Events. If the holder of a Conditional Use Permit fails to make actual use of vacant land, or land and structures which were existing when the Conditional Use Permit was issued and no new structure, alteration or substantial repair to existing buildings was required; or if a new structure was required by the Conditional Use Permit and no building permit has been obtained, the Conditional Use Permit shall be deemed revoked and canceled upon the occurrence of any of the following events: L:\OOFILES\OOCUP\OO-072\assent form. DOC 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER '- ....... .. (1) A change in the Use District for such lands is made by amendment to the Zoning Ordinance by the City Council. (2) Eminent domain proceedings have been initiated to take all or any part of the premises described in the Conditional Use Permit. (3) The use described in the Conditional Use Permit becomes an illegal activity under the laws of the United States of America or the State of Minnesota. (4) Title to all or part of land described in such Conditional Use Permit is forfeited to the State of Minnesota for nonpayment of taxes. (5) The person to whom the Conditional Use Permit was issued files a written statement in which that person states that the Conditional Use Permit has been abandoned. The statement shall describe the land involved or state the resolution number under which the Conditional Use Permit was granted. (6) The premises for which the Conditional Use Permit was issued are used by the person to whom the Conditional Use Permit was issued in a manner inconsistent with the provisions of such Conditional Use Permit. 4. I understand the granting by the City of this Resolution is in reliance on the representations that I will fully comply with all ofthe terms and conditions of said Resolution. I understand and agree upon notice of non-compliance with any term or condition, I shall immediately cease conducting activities pursuant to the notice or will take all actions necessary to accomplish full compliance with said notice and conditions of the Resolution. January 23, 2002 DATE Secretary ~======-- 4460 Fountain Hills Drive Prior Lake, MN ADDRESS OF PROPERTY Secretary L:\OOFILES\OOCUP\OO-072\assent form. DOC 2 . I )a DOL No. A 498545 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on CG;~ll 6.0~ ~A~ ~ 03-13-2001 at 11:00 Receipt 80685 'jct - 1'S ~q c.... Pat Boeckman, County Recorder 01 by /J1 tt-" Deputy Fee: $19.50 CEDAR FALLS OIL CO. r' /l.''; DRIVEWAY EASEMENT AGREEMENT 'I' J r A {iV;li{v:..A..- j<..,~ (Prior Lake, Minnesota) THIS EASEMENT AGREEMENT is entered into as of February ~,2001, by WENSCO, INC., a Minnesota corporation ("Wensco"), in favor of CEDAR FALLS OIL CO., an Iowa corporation ("Cedar Falls"). RECITALS: As of the date of this Easement Agreement, Wensco has sold to Cedar Falls certain real property located at County Road 42 and Pike Lake Trail, in Prior Lake, Scott County, Minnesota, as depicted on Exhibit A and legally described on Exhibit B (the "Cedar Falls Property"). Wensco remains the contract for deed purchasers of certain adjacent real property lying westerly of the Cedar Falls Property, as depicted on Exhibit A and legally described on Exhibit C (the "Wensco Property"). It is a condition precedent to Cedar Falls' agreement to purchase the Cedar Falls Property that W ensco execute this Easement Agreement. Accordingly, Wensco desires to grant and Cedar Falls desires that the Cedar Falls Property will receive the benefit of an easement for access, roadway, ingress and egress purposes, hereinafter described, over and across that portion of the Wensco Property, in the location depicted on Exhibit A and legally described on Exhibit D (the "Driveway Easement Area"). NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Wensco hereby grants, sells, transfers and conveys to Cedar Falls, its subtenants, successors and assigns, as an easement appurtenant to the Cedar Falls Property, a perpetual nonexclusive easement for vehicular and pedestrian ingress and egress purposes over and across the Driveway Easement Area. Doc# 1365280\2 2. Use of the Drivewav Easement. The Driveway Easement Area shall be used solely for vehicular and pedestrian ingress and egress purposes provided, however, that Wensco reserves the right to any subsurface use of the Driveway Easement Area and the right to install and maintain any pipes, conduits, wires and the like under, upon or over the Driveway Easement Area which do not unreasonably interfere with the use of the Driveway Easement Area as described in this Easement Agreement. No trees, permanent buildings or other structures shall be placed in or allowed to encroach upon the Driveway Easement Area and no change of grade elevation or any excavation shall be performed without the prior written approval of the other party, which approval shall not be unreasonably withheld. This Easement Agreement does not dedicate the Driveway Easement Area for public use or to the public in any manner whatsoever. 3. Construction of Driveway. Ifthe Cedar Falls Property is developed for use prior to the date the Wens co Property is developed for use, Cedar Falls shall construct a surfaced roadway upon the Driveway Easement Area at such time as Cedar Falls otherwise improves the Cedar Falls Property. If, however, the Wensco Property is developed for use prior to the date the Cedar Falls Property is developed for use, Wensco shall construct a surfaced roadway upon the Driveway Easement Area at such time as Wensco otherwise improves the Wensco Property. Construction of the Driveway Easement Area shall be at the sole cost and expense of the party which causes the construction to occur pursuant to this Section 3 (the "Constructing Party"). 4. Maintenance and Repair. The Constructing Party shall be responsible to maintain the Driveway Easement Area in good condition and repair pursuant to this Section 4 ("Driveway Maintenance"). The parties agree that Driveway Maintenance shall include without limitation (a) maintaining the surfaces at such grades and levels that they may be used and enjoyed as contiguous and homogeneous common areas; (b) maintaining the surfaces in a level, smooth and evenly-covered condition with the type of surfacing material originally installed or of similar quality, use and durability; and (c) removing all papers, debris, snow, ice, filth and refuse and thoroughly sweeping the Driveway Area to the extent reasonably necessary to keep the Driveway Area in a neat, clean and orderly condition. From the date of construction of the Driveway Easement Area until the date immediately preceding the date the other Property is developed and open for business (the "Single Party Use Period), Driveway Maintenance shall be at the Constructing Party's sole cost and expense. Following the expiration ofthe Single Party Use Period, the Constructing Party shall continue to be responsible for performance or supervision of Driveway Maintenance, provided, however, that as of that time, the parties shall equally share the cost and expense of the Driveway Maintenance. The Non-Constructing Party shall pay the Constructing Party for the Non-Constructing Party's share of the Driveway Maintenance within twenty (20) days of receipt of a statement from the Constructing Party for the same. Each party further covenants and agrees to pay all real estate taxes and assessments for its respective Property, subject to a bonafide contest which does not jeopardize the other party's rights pursuant to this Easement Agreement. S. Barriers. Either party may erect curbs, fences and landscaping on their respective property in order to define the same (the "Definitions"). Such Definitions shall not Doc# 1365280\2 2 detract, prevent, hinder or interfere in any way with the free flow and passage of vehicular and pedestrian traffic over, to from and between the Wensco Property and the Cedar Falls Property. 6. Compliance with Law. Wensco and Cedar Falls covenant and agree, with respect to their own property, to comply with all laws, rules, regulations and requirements of all public authorities. 7. Insurance. Commencing with the date of this Easement Agreement and hereafter, each party shall, at its own expense, maintain general public liability insurance against claims for personal injury or death or property damage occasioned by accident occurring upon, in or about the Driveway Easement Area. The insurance coverage required under this Section shall extend to any liability of the parties arising out of the indemnities described in Section 8 of this Easement Agreement. 8. Indemnification. Wensco and Cedar Falls hereby indemnify, defend and hold each other harmless against all claims, demands, loss, damages, liabilities and expenses and all suits, actions and judgments (including without limitation costs and reasonable attorney's fees) arising out of, or in any way related to (a) either party's failure to maintain their respective properties in a safe condition and/or (b) loss oflife, personal injury or damage to property or any of the above, occasioned wholly or in part by any act or omission of such party, its tenants, subtenants, agents, employees, licensees or invitees. The indemnifying party shall give prompt and timely notice of any claim made or suit or action commenced against the other party which in any way would result in indemnification under this Easement Agreement. 9. Notice. Any notice to be given by a party to this Lease shall be personally delivered or be sent by registered or certified mail, or by a nationally recognized overnight courier which issues a receipt, in each case postage prepaid, to the other party(ies) at the addresses in this Section (or to such other address(es) as may be designated by notice given pursuant to this Section), and shall be deemed given upon personal delivery, the date postmarked or delivery to such courier: If to Wensco: Wensco, Inc. RHS Building 1895 Plaza Drive, Suite 200 Eagan, Minnesota 55122 Attn: Kelly Murray If to Cedar Falls: Cedar Falls Oil Co. 4567 West 80th Street Minneapolis, Minnesota 55437 Attention: Real Estate Department With a copy to: Legal Department Doc# 1365280\2 3 10. Warranties of Title. Wensco hereby warrants to Cedar Falls that (a) Wensco has the right to obtain good and indefeasible fee simple title to the Wensco Property, (b) Wensco has the full right and lawful authority to grant the easement described in this Easement Agreement, (c) Wensco will defend and indemnify Cedar Falls against all lawful claims regarding the same, and (d) Cedar Falls shall and may peaceably have, hold and enjoy the Driveway Easement Area described in this Easement Agreement. 11. The Runnin!?: of Benefits and Burdens. All provisions of this Easement Agreement, including the benefits and burdens, run with the land and are binding upon and shall inure to the benefit of the assigns, licensees, invitees, successors, tenants and employees of the parties to this Easement Agreement. 12. Default. If either party fails to perform, fulfill or observe any agreement contained in this Easement Agreement to be performed, fulfilled or observed by it (the "Responsible Party"), which failure shall continue for thirty (30) days, the other party may, at its election, cure such failure or breach on behalf of the Responsible Party (the "Curing Party"). The thirty (30) day cure period shall not apply (a) in the case of an emergency in which event an immediate cure shall be required and (b) where a default is not susceptible of cure within thirty (30) days and the Responsible Party commences the performance, fulfillment or observance within the thirty (30) day period and diligently prosecutes the same thereafter. Any amount expended by the Curing Party for such purpose, .or which shall othenvise be due by either party to the other pursuant to this Easement Agreement, shall be paid to the party to whom due on demand, without contest, upon delivery of its invoice, together with interest at the lower of (a) the rate of twelve percent (12%) per annum or (b) the maximum rate permissible from time to time under applicable law, from the date ofthe expenditure or the date when it shall become due to the date of payment in full. 13. Reasonable Construction. The rule of strict construction does not apply to this Easement Agreement. This Easement Agreement shall be given a reasonable construction so that the intention of the parties to convey a commercially usable right of enjoyment to Cedar Falls is carried out. 14. Amendments. The parties hereto acknowledge and agree that this Easement Agreement shall not be modified or amended without the written approval of each of the parties. 15. Termination of Covenant or Liability. Whenever a transfer of ownership of either the Wensco Property or the Cedar Falls Property occurs, liability of the transferor for breach of any covenants occurring thereafter automatically terminates provided, however, such transferor shall remain liable for any sums of money or obligations incurred prior to such transfer. 16. Counterparts. This Agreement may be executed and acknowledged in multiple counterparts for the convenience of the parties, which together shall constitute one agreement Doc# 1365280\2 4 and the counterpart signature and acknowledgment pages may be detached from the various counterparts and attached to make one copy of this Agreement to simplify the recordation ofthis Agreement. Each such copy of this Agreement shall be deemed an original. It shall not be necessary in making proof of this Agreement to produce or account for more than one counterpart. Delivery of an executed counterpart of this Agreement by facsimile shall be deemed delivery of the original of this Agreement, provided, however, that each party to this Agreement hereby agrees to deliver an executed original of this Agreement for recording purposes. IN AGREEMENT, the parties have executed this Driveway Easement Agreement as of the date and year first above written. WENS CO, INe. CEDAR FALLS OIL CO. By Its Assistant Secretary STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoingJ-,asement Agreement was acknowledged before me this ~ day of February, 2001, by lerrLI w.e.nsrn Q..JIf) , the 'IY'" e Ct Si 1 j~ t'" A-- of W ensco, Inc., a Minnesota corporation, on behalf of the corporation. STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing Easement Agreement was acknowledged before me this _ day of February, 2001, by , the Assistant Secretary of Cedar Falls Oil Co., an Iowa corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT DRAFTED BY: LINDQUIST & VENNUM P.L.L.P. (DKP) 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Doc# 1365280\2 5 and the counterpart signature and acknowledgment pages may be detached from the various counterparts and attached to make one copy ofthis Agreement to simplify the recordation of this Agreement. Each such copy of this Agreement shall be deemed an original. It shall not be necessary in making proof of this Agreement to produce or account for more than one counterpart. Delivery of an executed counterpart of this Agreement by facsimile shall be deemed delivery of the original of this Agreement, provided, however, that each party to this Agreement hereby agrees to deliver an executed original of this Agreement for recording purposes. IN AGREEMENT, the parties have executed this Driveway Easement Agreement as of the date and year first above written. WENSCO, INC. CEDAR FALLS OIL CO. By Its STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN ) The foregoing Easement Agreement was acknowledged before me this _ day of February, 2001, by , the of Wens co, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing Easement Agre~~ was acknowledged before me this l1th,.day of February, 2001, by \~^/J\, }J.... 1 P{~/}./\ , the Assistant Secretary of Cedar Falls Oil Co., an Iowa corpo ion, on behalf of the corpor '0 . DEBRA K. PAGE , NOTARY PUBliC-MINNESOTA .., CorlIlIiIIion EJpirtt JaR. 31, 2001 . THIS INSTRUMENT DRAFTED BY: LINDQUIST & VENNUM P.L.L.P. (DKP) 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Doc# 1365280\2 5 CONSENT Herbert H. Wensmann and Elaine E. Wensmann, husband and wife, fee owners and contract for deed sellers t Wensco, Inc., a Minnesota corporation, of the premises on attached Exhibit C, do hereby consent to and join in the foregoing Driveway Easement Agreement as of QjI<.. the I J day of February, 2001. w~ .--- Herbert H. Wensmann <<L~/ ~ k)R'~~~~ . Elaine E. Wensmann STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA) The foregoing Driveway Easement Agreement was acknowledged before me this 1L day of February, 2001, by Herbert H. Wensmann and Elaine E. Wensmann, husband and wife. ~ Lfn. ~jAf.ra~ ~ Notary Public -0 THIS CONSENT DRAFTED BY: Russell L. Streefland Attorney at Law 250 Skyline Square Building 12940 Harriet Avenue South Burnsville, MN 55337 (952) 890-2477 Doc# 1365280\2 6 EXHIBIT A TO DRIVEWAY EASEMENT Depiction of Properties and Drivewav Easement -. . . . . . . .- 42 (140TH STREET N -) fIIDM& IIiaB. !J( i Oel,l)oJ\-<: fttseMM . fu l'i\ __ - -..--. (:- l)Jer\S(O- f(o/~ i R . Doc' 1365280\1 ow- ::::::f= ~~ I- Z ::> o I.L.. === - - -- FOUNTAIN HILLS ORI B! - I . EXHIBIT B TO DRIVEWAY EASEMENT Legal Description of the Cedar Falls Property Lot 2, Block 1, Fountain Hills Addition, according to the recorded plat thereof, Scott County, Minnesota Doc# 1365280\2 EXHIBIT C TO DRIVEWAY EASEMENT Legal Description of the Wensco Property Lot 1, Block I, Fountain Hills Addition, according to the recorded plat thereof, Scott County, Minnesota Doc# 1365280\2 ....... ' EXHIBIT D TO DRIVEWAY EASEMENT Legal Description of the Driveway Easement Area The southerly fifty-one (51) feet ofthe easterly eighty-eight (88) feet of Lot 1, Block 1, Fountain Hills Addition, according to the recorded plat thereof, Scott County, Minnesota Doc# 1365280\2 Description Sketch for: HOLIDAY COMPANIES , ". () .-( , <: , ,,' \ , "'" \J o .-( , " (' , \ ,,' ,"'" S LINE OF LOT 1 -- ,,' ,"'" ,0 \ ^ 1 Inch - 20 Feet S89.00'53"W 172.10 I III I C' rllL.L.0 r'\ c> I \ I e- Ll I \ I V L_ o 'It o 'It r- 1"'\ I 11\ 1"- ^ I t\ I ,- VUI '\I I r,II '\I PROPOSED INGRESS AND EGRESS EASEMENT AN EASEMENT fOR INGRESS AND EGRESS PURPOSES LYING OVER, UNDER AND ACROSS THE EAST 51.00 FEET OF THE SOUTH 88.00 FEET OF LOT 1, BLOCK 1, FOUNTAIN HILLS ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, SCOTT COUNTY MINNESOTA. · THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTo THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND. WE HEREBY CERTIFY TO HOLIDAY COMPANIES THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER T AWS OF THE STATE OF ESOTA, DATED THIS 24TH DAY OF OCTOBER, 2001. SIG ED: PEER ENGINEE G, P. . BY: ( hn C. Lorson, Land Surveyor innesoto license No. 19828 101379501.DWG LAND SUR\t:YORS . ow. ENGINEERS LAND Pt.ANNERS. LANIlSCAPE ARCltlEClS 2422 Enterprise Drive Mendota Heights, MN 55120 (651) 681-1914 FAX:681-9488 E-mail: PIONEERENG.COM 625 Highway 10 N.E. Blaine, MN 55434 (612) 783-1880 FAX:783-1883 E-mail: PIONEER2OPRESSENTER.COM 101395 01-174 2240 MINUTES AND STAFF REPORTS City Council Meeting Minutes February 5, 2001 MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-09 APPROVING A PARK FEE STUDY AND AUTHORIZING A NEW PARK DEDICATION FEE FOR INCORPORATION INTO THE 2001 FEE SCHEDULE. MADER: Asked if staff is satisfied with the recommendations of the study. WALSH: Confirmed and advised that staff has been closely involved throughout the process. VOTE: Ayes by Mader, Gundlach, Ericson and Zieska, the motion carried. NEW BUSINESS: Consider Approval of a Resolution Awarding Bid through the State Cooperative Purchasing Program for Purchase of a 5- Ton Single Axle Cab and Chassis. This item was deferred under the Approval of the Agenda. Consider Approval of a Resolution Awarding Bid through the State Cooperative Purchasing Program for Purchase of a Front-End Loader. This Item was deferred under the Approval of the Agenda. . \ KANSIER: Discussed the project in connection with the staff report and the conditions subject to approval including parking, easement for common driveway, irrigation and surface water plans, outdoor storage on site, and public address system. MADER: Asked if the developer is in agreement with the conditions. KANSIER: Confirmed that the only issue is the number of parking spaces on the developer's present plan, but that there is room on the site for the minimum number of spaces required by the ordinance. ERICSON: Asked how close the residential units are to the car wash, and has the City any ability to regulate the noise impacts. KANSIER: Explained that the closest residences are in the Maple Hills subdivision at a little less than a quarter of a mile and should be adequately buffered by landscaping. Advised that noise impacts are generally regulated under MPCA guidelines and suggested a condition limiting hours of operation of the car wash if there was a concern regarding its noise impact on the residential neighborhoods. ERICSON: Agreed with limiting hours of operation and suggested looking at researching an ordinance that would impose such restrictions on all similar operations. 3 City Council Meeting Minutes February 5, 2001 ZIESKA: Commented that in a car wash, it helps to keep the doors closed to control the noise impacts, but that operators tend to keep the doors open during the day to control moisture and mildew inside the bay. VICTOR SAPP (Holiday Companies): Advised that due to the location, there is already significant natural noise impacts from County Road 42. MADER: Asked if this conditional use permit in renewed annually. KANSIER: Not in this case. MADER: Asked if it would be acceptable to add a condition that requires a sound decibel level standard has to be agreed to between the company, the City and the MPCA. RYE: Advised that the City is not in a position to impose stricter noise restrictions than the MPCA and suggested that the condition may be to comply with state standard. ERICSON: Supported a limit of hours of operation with respect to the car wash if that is the only way to keep the neighborhood from being disrupted. MADER: Suggested deferring the item so that the staff and company could work out an acceptable agreement. SAPP: Suggested rather than deferring the item, adding a condition that the doors be closed during the operation of the car wash after 10pm. Holiday Companies would be responsible for any design adjustments for the car wash. MOTION BY ERICSON, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-10 APPROVING THE CONDITIONAL USE PERMIT FOR A GAS STATION/CONVENIENCE STORE/CAR WASH ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF CSAH 42 AND PIKE LAKE TRAIL KNOWN AS HOLIDAY STATION STORE WITH THE ADDITIONAL CONDITION THAT THE CAR WASH NOT BE OPERATED BETWEEN 10PM AND 6AM UNLESS THE DOORS ARE CLOSED, AND DIRECTING STAFF TO RESEARCH A POTENTIAL ORDINANCE SIMILARLY REGULATING LIKE OPERATIONS. GUNDLACH: Asked about the issues with the shared driveway and the possibility of a pipe under the driveway. KANSIER: Advised that the City would not issue a building permit until the easement has been acquired. Also noted that the other possible obstruction for the driveway was a hydrant or utility box and that the Developer would be responsible for moving it. SAPP: Clarified that there is a utility at the shared easement area, and at the other access there is a small culvert that makes it necessary to shift the access, but that those drawings have been submitted. ZIESKA: Asked about the evergreen trees along the eastern boundary. SAPP: Advised that the trees proposed were faster growing than evergreen and would provide better screening. 4 ~, .'_C,... .. .... ......_.~... .....,.C._......... ....'"...""..........~.-,',;~___-....~....,;....,~.",j,o.-..,.......,,~....... ",-",-,~"",,,,,,-,,,._';-"".,.. .___........-, ...,"'...,....;~,...,.,..,.....'-..._.. "'w .~._,_."'..~;......___ "_'-"'__._ : _..,._......,...,.... .." .;",_ ~...... .;,...."'".~. ...~....>-~... .. __.-'':'__... '-:'__ _, :~~ . City Council Meeting Minutes February 5, 2001 VOTE: Ayes by Mader, Gundlach, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Approving Preliminary Plat for Matson's Addition. KANSIER: Discussed the proposal in connection with the staff report and the conditions suggested by staff for a landscape and tree replacement plan for Lot 1 as well as provide perimeter drainage and utility easements. Also advised that because this is for only one lot, it is not proposed to improve Centennial Road at this time. PACE: Asked if the final plat would be subject to a development agreement. KANSIER: Confirmed and advised that the City would be collecting a park dedication fee in connection with that agreement since this application was already in process. MOTION BY ZIESKA, SECOND BY ERICSON TO APPROVE RESOLUTION 01-12 APPROVING THE PRELIMINARY PLAT FOR MATSON'S ADDITION. VOTE: Ayes Mader, Gundlach, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Pursuant to Minnesota Statutes 469.174, Subd. 10 Declaring Buildings Located Upon Certain Property to be Structurally Substandard. MADER: Provided an overview of the action requested with respect to the City's purchase of the T J Towing property. MOTION BY ZIESKA, SECOND BY ERICSON TO APPROVE RESOLUTION 01-13 PURSUANT TO MINNESOTA STATUTES 469.174 SUBD 10 DECLARING BUILDINGS LOCATED UPON CERTAIN PROPERTY TO BE STRUCTURALLY SUBSTANDARD. VOTE: Ayes by Mader, Gundlach, Ericson and Zieska, the motion carried. OTHER BUSINESS I COUNCILMEMBER REPORTS: MADER: Recommended a Council transit subcommittee to develop a transit service of Councilmember Zieska and himself. MOTION BY MADER, SECOND BY ERICSON TO APPOINT COUNCILMEMBER ZIESKA AND MAYOR MADER AS THE TRANSIT SUBCOMMITTEE. VOTE: Ayes by Mader, Gundlach, Ericson and Zieska, the motion carried. MADER: Also noted that the City is taking applications for persons interested in participating on the City's Business Development Committee. A motion to adjourn was made and seconded. The meeting adjourned at 8:30pm. Frank Boyles, City Manager Kelly Meyer, Recording Secretary 5 MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT FEBRUARY 5, 2001 9B JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT FOR A GAS STATION/CONVENIENCE STORE/CAR WASH ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF CSAH 42 AND PIKE LAKE TRAIL, KNOWN AS HOLIDAY GAS STATION/STORE History: Lyndale Terminal Co. (otherwise known as Holiday Station Stores) has filed an application for a conditional use permit to allow the construction of a gas station, convenience store and automatic carwash on the property located on the south side of CSAH 42, west of Pike Lake Trail and north of Fountain Hills Drive. The Planning Commission originally considered this request at a public hearing on December 11, 2000; however, due to the number of outstanding issues, the Commission continued the hearing to January 16,2001. On January 16, 2001 the Planning Commission considered the revised plans submitted by the applicant. The Planning Commission determined this proposal met the ordinance requirements. The Commission recommended approval of this request subject to specific conditions. A draft copy of the minutes of the Planning Commission meeting is attached to this report. Current Circumstances: The site in question was platted in 1999 as Lot 2, Block 1, Fountain Hills Addition. This lot is 2.13 acres in area, and is bounded by CSAH 42 on the north, Pike Lake Trail on the east and Fountain Hills Drive on the south. To the west is a vacant commercial lot. Access to the site is from Fountain Hills Drive. There is also a second access via a shared driveway across the lot to the west. The proposed development includes a 5,404.4 square foot convenience store, a 1,439.1 square foot automatic car wash, and 5 pump islands located under a 4,080 square foot canopy. The buildings on the site are situated towards the southwest side of the property. The canopy l:\OOfiles\OOcup\OO-072\OO-072cc.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota tJ5372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER and pump islands are located on the east side of the building, and the car wash is along the west side of the building. The following is a more detailed description of the site plan. Setbacks: The ordinance requires a minimum 50' setback along any right-of-way and a 20' side yard setback. In addition, the pump islands must be located an additional 12' from the setback line. The proposed development meets the minimum setbacks. Parkin2 Spaces: The use requires a minimum of 4 parking spaces, plus 1 space for each 180 square feet of commercial floor area, for a total of 38 spaces. Only 25% of the required spaces may be located at the pump islands. In addition, at least 4 stacking spaces are required for the car wash. Based on the building size of 5404.4 square feet, a minimum of38 parking spaces is required. Driveways: The plan identifies two driveways on Fountain Hills Drive. One driveway is a shared access with the lot to the west. An access easement must be recorded for the use of this property. Landscapin2: There are 3 different types of landscaping required for this plan: 1) perimeter landscaping; 2) parking lot bufferyards; and 3) tree replacement. The proposed landscaping plan includes the proper number and size of plantings. While the landscaping plan notes an irrigation system will be installed, no irrigation plan has been submitted. Si2na2e: The site plan identifies a freestanding sign at the northeast comer of this site. The plan also proposes wall signs on the north, south and east faces of the building and on the north, south and east sides of the canopy. All of the proposed signs meet the Zoning Ordinance requirements. Li2htin2: Lighting on this site includes freestanding light poles on the perimeter of the site, decorative lighting on the building, and illuminated lettering on the signs. The area beneath the canopy is also lit. The Ordinance requires that exterior lighting be designed and arranged to limit direct illumination and glare to any contiguous parcels. Reflected glare may not exceed 1.0 footcandles at the property line. The proposed lighting meets these requirements. Architectural Requirements: The Zoning Ordinance requires that at least 60% of the building face visible from off-site be constructed of Class I materials, and no more than 10% of the building face be constructed of Class III materials. The exterior of the proposed building is finished with brick, glass, EIFS fascia, and precast concrete. At least 60% of the exterior is Class I (brick and glass). 1: \OOfiles\OOcup\OO-072\OO-072cc.doc Page 2 The Zoning Ordinance also requires at least 1 % of the lot area be devoted to pedestrian plazas or walkways. This proposal meets that requirement. This proposal also meets all of the other architectural design requirements of the ordinance. The Issues: The proposed Conditional Use Permit should be reviewed in accordance with the criteria found in Section 1102.1203 and Section 1108 of the City Code. Section 1102.1203 includes the specific conditions for the proposed use. Section 1108 includes the general CUP criteria. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. Two of the goals of the Comprehensive Plan are to encourage a diversified economic base and to promote sound land use. The proposed use provides additional commercial development in the City. The location of the use is also consistent with the Comprehensive Plan in that it has good access from collector streets. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. In general, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The access to the site is from a collector street, and will not direct traffic through any adjacent residential areas. (3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The site plan meets the requirements of the Zoning Ordinance, with the exception of the number of parking spaces. There is room on the site to accommodate the required spaces. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The streets and utilities to serve this development are in place. This use will not adversely affect those services. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. With the required changes, the use will be screened from the adj acent roads, and will not have an adverse impact on the nearby properties. 1:\OOfiles\OOcup\OO-072\OO-072cc.doc Page 3 (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. The revised site plan is generally consistent with the provisions of the Zoning Ordinance. There are some minor changes required to the site plan in order to ensure the development is consistent with the provisions of the Zoning Ordinance. (7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. The City Engineer has reviewed the grading and drainage plans for this site and has generally accepted the proposal. (8) The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. The Planning Commission recommended approval subject to conditions necessary to meet ordinance requirements. The Commission did not feel additional conditions were necessary for this use. Other Requirements: There are other requirements specific to this use that must be met. These include the following. 1. Outside Storage and Display: No outside sale or display shall be permitted except gasoline and other goods consumed in the normal operation of a car and limited to the following products: oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries. No products shall be sold or displayed in any required yard nor shall the total display area occupy more than 150 1: \OOfiles\OOcup\OO-072\OO-072cc.doc Page 4 FISCAL IMPACT: AL TERNATIVES: square feet in area or be more than 5 feet in height. No other vehicular parts and non-automobile oriented goods shall be displayed or sold outside. 2. Public Address System: No public address system shall be audible from any property located in an "R" Use District. 3. Car Wash: Drainage and surfacing plans for a car wash shall be approved by the City Engineer. The plans shall describe the wash water disposal and sludge removal facilities to be employed to accomplish dust, salt and other chemical and mud abatement on the premises and prevent the accumulation of surface water, wash water or sludge on the site or in the vicinity ofthe premises. The first two requirements should be included as an ongoing condition of the operation of the facility. The last condition should be included as a condition of approval. This information must be submitted and approved prior to issuance of a building permit. Conclusion: The Planning Commission and the staff recommend approval ofthe CUP with the following conditions: 1. The site plan must be revised to provide the minimum number of parking spaces: 2. An access easement for the shared driveway must be submitted. 3. An irrigation plan must be provided as part of the landscaping plan. 4. Drainage and surfacing plans for the car wash must be submitted for review and approval by the City Engineer. 5. Outside Storage and Display: No outside sale or display shall be permitted except gasoline and other goods consumed in the normal operation of a car and limited to the following products: oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries. No products shall be sold or displayed in any required yard nor shall the total display area occupy more than 150 square feet in area or be more than 5 feet in height. No other vehicular parts and non-automobile oriented goods shall be displayed or sold outside. 6. Public Address System: No public address system shall be audible from any property located in an "R" Use District. Budf(et Impact: The construction of the building will add tax base to the City. The City Council has three alternatives: 1: \OOfiles\OOcup\OO-072\OO-072cc.doc Page 5 RECOMMENDED MOTION: REVIEWED BY: 1. Adopt Resolution #01-XX approving the Conditional Use Permit subject to the listed conditions. 2. Deny the Conditional Use Permit on the basis it is inconsistent with the purpose and intent of the Zoning Ordinance and/or the Comprehensive Plan. In this case, the Council should direct the staff to prepare a resolution with findings of fact for the denial of these requests. 3. Defer consideration of this item for specific reasons. 1:\OOfiles\OOcup\OO-072\OO-072cc.doc Page 6 RESOLUTION Ol-XX A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A GAS STATION/CONVENIENCE STORE/CAR WASH MOTION BY: SECOND BY: WHEREAS, the Prior Lake Planning Commission conducted a public hearing on December 11, 2000, and on January 16, 2001, to consider an application from Lyndale Terminal Co. for a Conditional Use Permit (CUP) for the construction of a gas station/convenience store/car wash on the property located at the southwest comer of CSAH 42 and Pike Lake Trail and legally described as follows: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Lot 2, Block 1, Fountain Hills Addition. 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 proposed CUP; and the City Council considered the application for a CUP on February 5, 2001; and the Planning Commission and City Council find the CUP 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 meets the criteria for approval of CUP as contained in 1:\OOfiles\OOcup\OO-072\rsO 1 xxcc.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Section 1102.1203 of the Zoning Ordinance and Section 1108 of the Zoning Ordinance. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. It hereby adopts the following findings: a. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. Two of the goals of the Comprehensive Plan are to encourage a diversified economic base and to promote sound land use. The proposed use provides additional commercial development in the City. The location of the use is also consistent with the Comprehensive Plan in that it has good access from collector streets. b. The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. In general, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The access to the site is from a collector street, and will not direct traffic through any adjacent residential areas. c. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The site plan meets the requirements of the Zoning Ordinance, with the exception of the number of parking spaces. There is room on the site to accommodate the required spaces. d. The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The streets and utilities to serve this development are in place. This use will not adversely affect those services. e. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. With the required changes, the use will be screened from the adjacent roads, and will not have an adverse impact on the nearby properties. f. The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. l:\OOfiles\OOcup\OO-072\rsO 1 xxcc.doc Page 2 The revised site plan is generally consistent with the provisions of the Zoning Ordinance. There are some minor changes required to the site plan in order to ensure the development is consistent with the provisions of the Zoning Ordinance. g. The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. The City Engineer has reviewed the grading and drainage plans for this site and has generally accepted the proposal. h. The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. The Planning Commission recommended approval subj ect to conditions necessary to meet ordinance requirements. The Commission did not feel additional conditions were necessary for this use. 2. The Conditional Use Permit is hereby approved on the property legally described as follows: Lot 2, Block 1, Fountain Hills Addition. 3. The Conditional Use Permit is hereby approved subject to the following conditions: a. The site plan must be revised to provide the minimum number of parking spaces. b. An access easement for the shared driveway must be submitted. c. An irrigation plan must be provided as part of the landscaping plan. d. Drainage and surfacing plans for the car wash must be submitted for review and approval by the City Engineer. e. Outside Storage and Display: No outside sale or display shall be permitted except gasoline and other goods consumed in the normal operation of a car and limited to the following products: oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries. No products shall be sold or displayed in any required yard nor shall the total display area occupy more than 150 square feet in area or be more than 5 feet in height. No other vehicular parts and non- automobile oriented goods shall be displayed or sold outside. 1: \OOfiles\OOcup\OO-072\rsO 1 xxcc.doc Page 3 f. Public Address System: No public address system shall be audible from any property located in an "R" Use District. CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for the construction of a gas station/convenience store/car wash. The contents of Planning Case File #00-072 is hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 5th day of February, 2001. YES NO Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen Zieska Zieska {Seal} City Manager, City of Prior Lake 1: \OOfiles\OOcup\OO-072\rsO 1 xxcc.doc Page 4 . [a I] 1 e II Ii II Ib! I -: II:: ~Iq I Ie i; It ht. I Ii I'~d :~q ~ I " i ~a II~ I II ~ ! 1111 ~It iii II I ,i ! I! I! I!i IIIi 11!le b 111!r i~! d ~ ell I III1 11 ell B III~ Ii Ii - ....... .... m ; d III . I 4------ .(.1-1 V.l.OEBtM ':DIV1 YOI:Ic:I 'I' I M OVOll A.UIlOO I ili III ..~e# :I:IO~S NOLL V ~S !i!il :!i;! I ~ Ii ; ;1 ~Jllli I i I III, ; II! I I ~~ I d I r I ~ I ( I I I I I; Iii i : I:: i. I: n! ~ I Ie -I II I I f pl. It, nil n ~ I i I I · ; h I ~ I I i I II s II 5! Ii! i fi I I I II I !fj II e II i tl~. i II f I n!J I ' ! . f i ,; H! 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'^- ,~./:; r ~ " /' ,"e !l -Iooroil _ I [!] Z!I ~ ~'d I -~l' -. ~ 1 ---- --' ~Ii m~ :: ~ "'"IT;;; ....' --.: 1 ~ II \Ii =~ ::: ' !! l , ~ dr _ _~ I II t i . IIlJ ~ ~ i ;: (]\ t' - 'lIl;~ ~ F F ....- ~ W r- 'lIl;~ c-=. J 1 ~~ 8J' IE IIL----- -::-'"- ,- B I ,-------, ~l{ l l '[==] on I I ,-------; _.- """"'El' t ,-------- -------, I-IN <d----~-- .0- ~: ...; --1 ~ .~ I~ ~ \j :2 ______. /~" - A'r I---- ~ ~/ ....."..... V ~ !EB ~~~ ~~ -#Ii::=: - ...;:.:c: r i CIO ~ '.,.~. -(.~ ',..i ~ . ~ n Planning Commission Meeting January 16. 2001 PLANNING COMMISSION MINUTES TUESDAY, JANUARY 16,2001 1. Call to Order: Chairman V onhof called the January 16, 2001, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Atwood, Criego, Lemke, Stamson and V onhof, Planning Coordinator Jane Kansier, City Engineer Sue McDermott, Zoning Administrator Steve Horsman and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Criego Lemke Stamson V onhof Present Present Present Present Present 3. Approval of Minutes: The Minutes from the December 11, 2000, Planning Commission meeting were approved as presented. Commissioner V onhof read the Public Hearing Statement and opened the meeting. Public Hearings: . A. Case File #00-072 (Continued) Holiday Station Stores are requesting a Conditional Use Permit to allow a gas station/convenience store and carwash for the property located north of Fountain Hills Drive at the southwest quadrant of the intersection of CSAH 42 and Pike Lake Trail. Planning Coordinator Jane Kansier presented the Planning Report dated January 16,2001, on file in the office of the City Planning Department. The City of Prior Lake recently received an application for a Conditional Use Permit (CUP) to allow the construction of a gas station, convenience store and automatic car wash on the property located at the southwest comer of CSAH 42 and Pike Lake Trail. The Planning Commission held a public hearing on this application on December 11,2000. Due to the number of issues pertaining to the application, the Planning Commission continued the public hearing to January 16,2001, to allow the applicant time to address these issue. The applicant submitted revised plans to the Planning Department on Monday, January 8, 2001. The staff recommended approval of this CUP, subject to the following conditions: 1. The site grading and drainage issues as outlined in the memorandums from the Engineering Department. 2. The parking plan must provide the minimum parking spaces. 3. An access easement for the shared driveway must be submitted. 4. An irrigation plan must be provided as part of the landscaping plan. L:\O I files\O I plancomm\O I pcminutes\mnO 1160 I.doc 1 Planning Commission Meeting January 16, 2001 5. Drainage and surfacing plans for the car wash must be submitted for review and approval by the City Engineer. 6. Outside Storage and Display: No outside sale or display shall be permitted except gasoline and other goods consumed in the normal operation of a car and limited to the following products: oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries. No products shall be sold or displayed in any required yard nor shall the total display area occupy more than 150 square feet in area or be more than 5 feet in height. No other vehicular parts and non-automobile oriented goods shall be displayed or sold outside. 7. Public Address System: No public address system shall be audible from any property located in an "R" Use District. City Engineer Sue McDermott stated the majority of the engineering issues have been revised and are reflected on the new plans. The major issues were with the driveways. Most can be worked out with the developer's engineer. The driveway entrance should be moved 10 feet to the west in order to avoid a catch basin. The Engineering Department also requested that the applicant hold a pre-construction meeting to meet with the private utility companies to discuss the timing of relocation of substantial features in the western driveway area. Kansier said the Holiday plans have identified all the outstanding issues. Some changes will need to be made to the plan, however the staff did not feel those issues would warrant further continuance of the items. They are minor items that can be addressed before this goes before the City Council. Comments from the public: Victor Sacco, Manager of Real Estate for Holiday Companies, said they have reviewed the conditions and will meet the conditions to the site plan. The Holiday Companies' engineer was also available for questions. Dave Baden, said he was a close neighbor to the area and questioned the direction of runoff. Sue McDermott said there is an on-site storm sewer system and in accordance with the building code they will have to provide drainage in the carwash. She did not see a problem. Vonhofclosed the floor. Comments from the Commissioners: Atwood: . Concurred with staff subject to the conditions in the report. Stamson: . The last meeting concern was landscaping. There was no clear plan. Those issues have been met. . The second concern was the impact on the neighbors. The surrounding lots are heavily treed. There is adequate screening. . Recommend City Council approve the request. L:\OI files\O 1 plancomm\O 1 pcminutes\mnO 1160 l.doc 2 Planning Commission Meeting January 16,2001 Criego: . Why isn't there a drain basin with this project? McDermott said the sedimentation holding ponds were graded in with the entire Fountain Hills Addition. The ponds were graded in at that time. Most of the water will drain to the regional pond on County Road 42, which was designed to take the drainage from this property. . Questioned the sidewalk or trail in front of the station. . McDermott explained the trail on the north side of Fountain Hills Drive, which covers the industrial park connecting with Pike Lake Trail. . Asked applicant to discuss the easement required for the second driveway. Sacco responded Holiday decided it would be good traffic circulation to have the access cut lined up with the side street parallel with Pike Lake Trail. Another concern was for the utilities. Holiday will put together an easement with property holder Wensco. . Kansier pointed out the development had always planned for a shared driveway for these lots. . The landscaping was laid out to help the residents. Questioned if there was more landscaping on the west side of the property. Sacco said they looked for trees on the southeast side that would block and screen. Pines trees are located on the site. . Felt there should be larger evergreens to solve the problem. Lemke: . Agreed with staff s recommendation. Atwood: . At the last meeting there was a question on the Vierling fence. Kansier responded the issue was with the west side of the plat, not part of this lot. V onhof: . Concurred with the Commissioners' comments. Encouraged better screening on the southeast comer using larger plantings. MOTION BY STAMSON, SECOND BY ATWOOD, TO RECOMMEND CITY COUNCIL APPROVE THE CONDITIONAL USE PERMIT TO ALLOW A GAS STATION/CONVENIENCE STORE SUBJECT TO STAFF'S CONDITIONS. Criego felt there should be more evergreens at a greater height. Stamson felt the maple trees have a bigger canopy and will cover more area. If too many evergreens are put in you can see over the top of them. The homes on the hill are heavily treed as it is. Vote taken indicated ayes by all. MOTION CARRIED. This item will most likely go before the City Council on February 5, 2001. B. Case File #00-089 Jane Crosson is requesting a Variance to permit a deck structure with a rear setback less than the minimum required. L:\O I files\OI plancomm\O I pcminutes\mnO 1160 I.doc 3 PLANNING COMMISSION MINUTES MONDAY, DECEMBER 11, 2000 1. Call to Order: Chairman V oOOof called the December 11, 2000, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Atwood, Criego, Lemke, Stamson and V oOOof, Planning Director Don Rye, City Engineer Sue McDermott, Zoning Administrator Steve Horsman and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Criego Lemke Stamson V oOOof Present Present Present Present Present 3. Approval of Minutes: The Minutes from the November 27,2000, Planning Commission meeting were approved as presented. Chair V oOOof read the Public Hearing Statement and opened the first public hearing. Public Hearings: * A. Case File #00-072 Holiday Station Stores are requesting a Conditional Use Permit to allow a gas station/convenience store and carwash for the property located north of Fountain Hills Drive at the southwest quadrant of the intersection of CSAH 42 and Pike Lake Trail. Planning Director Don Rye presented the Planning Report dated December 11, 2000, on file in the office ofthe City Planner. The City of Prior Lake recently received an application for a Conditional Use Permit (CUP) to allow the construction of a gas station, convenience store and automatic car wash on the property located at the southwest comer of CSAH 42 and Pike Lake Trail. This site is zoned C-4 (General Business). The applicant has not requested any variances for this project. The site in question was platted in 1999 as Lot 2, Block 1, Fountain Hills Addition. This lot is 2.13 acres in area, and is bounded by CSAH 42 on the north, Pike Lake Trail on the east and Fountain Hills Drive on the south. The proposed development includes a 5,404.4 square foot convenience store, a 1,439.1 square foot automatic car wash, and 5 pump islands located under a 4,080 square foot canopy. L:\OOFILES\OOPLCOMM\OOPCMIN\rrm121100.doc 1 Planning Commission December 11, 2000 At this time, staff felt there were several outstanding issues to be addressed in order to ensure the proposal meets the ordinance requirements. The plans must be revised to address the following issues: 1. The site grading and drainage issues as outlined in the memorandums from the Engineering Department. 2. The Building Code issues listed as items 1-5 in the attached memorandum from the Building Official. 3. The parking plan must provide the minimum parking spaces. 4. The driveway widths must be reduced to 36 feet. In addition, an access easement for the shared driveway must be submitted. 5. The landscaping plan must be revised to meet the Ordinance requirements. Also, an irrigation plan must be provided as part of the landscaping plan. 6. The signage plan must be revised so the signs do not exceed the maximum size. The site plan must also be more specific about the location of the freestanding sign. Signs must be located at least 10' from any lot line, and may not be located within the traffic visibility triangle. 7. The lighting plan must be revised to ensure the illumination does not exceed 1.0 foot- candles at the property lines. 8. Drainage and surfacing plans for the car wash must be submitted for review and approval by the City Engineer. Due to the number of outstanding issues, staff recommended the public hearing be continued to January 16, 2001, to allow time for the applicant to submit revised plans and for staff review. Staff received a letter from Kevin and Barb Lilland dated December 11, 2000 requesting certain conditions be imposed on the project including buffering/landscaping and hours of operation. Comments from the public: Victor Sacco, representative and manager for the Holiday Companies, said they have reviewed the staff report and concur all changes and conditions meet with their approval. Holiday Companies will work with staffto make the necessary changes. Sacco asked if the Commissioners would consider approving the request. Mike Vierling, 13985 Pike Lake Trail, stated his family owns on the adjacent land and have a fence dispute with Wensmann (property owner) on the northeast side ofthe property. He would like to have the issue settled up before the project is started. L:\OOFILES\OOPLCOMM\OOPCMIN\nm121100.doc 2 Planning Commission December 11,2000 V onhof asked Rye to address the issue. Rye said this particular property is an approved lot of record. The preliminary plat covered the entire 38 acres. The final plat only included about halfthe site. The remainder ofthe site includes the property Mr. Vierling is referring to. At the time final plat is brought in for approval the title issue has to be resolved. The public hearing was closed. Comments from the Commissioners: Atwood: . Questioned ifthere would be an issue of swapping the pumps and store locations. Mr. Sacco said they would need to expose the pumps to the main access. The public is looking for a location that looks attractive from the street level. It makes a better presentation. He also pointed out the higher elevation in the back. . When was Fountain Hills graded? Rye responded it was last week. Stamson: . The overall proposal is consistent with the goals and commercial plans for the area. There are no real design issues. . A gas station was specifically stated for this site last year with the rezoning. It is a good plan. . Supported - stating no hesitation to forward on to the City Council with the understanding the revisions are to be made. Rye pointed out in switching the location ofthe pumps and station there would be a fair amount of noise with the carwash. If they were to switched it, the carwash would be on the Pike Lake Road side closer to the residential properties. Criego: . Questioned the shared/common driveway. Sacco said they would have common access with the adjoining west property, which would keep down the number of accesses into Fountain Hills. The utilities will have to be relocated. The cost benefit has not been determined. . Ifthe cost was out ofline would the applicant put the driveway on their own property? Sacco said they would, but did not see a problem. . Not practical to swap the pumps and store but there should be some buffer. . Questioned how the applicant would buffer. Sacco explained the wrapped canopy. The neighbors are on a higher location. The south side ofthe canopy would not be illuminated. The northeast side could be softened by light. . Someone should take a look at the buffer zone. Maybe trees. Sacco said they would consider it. . Rye pointed out the landscaping plan could be addressed with Criego's concerns. . Atwood questioned if the neighborhood could be involved. Sacco said they would try to meet those conditions. L:\OOFILES\OOPLCOMM\OOPCMIN\mn121100.doc 3 Planning Commission December 11,2000 Lemke: . Questioned ifit is the store's policy to be open 24 hours a day. Sacco responded it was the intent, but not all stores are open 24 hours. If they are open 24 hours and not doing any business they will shut it down. The time is used for stocking and general maintenance. It is important to be open 24 hours to be available and help people. . Questioned the zoning on this property. Rye said the Comprehensive Plan designated this area commercial in 1995. The actual zoning was about 2 years ago. V onhof: . The entire building will be brick. . Questioned the elevations. Sacco explained the residential elevations are higher. It is above Pike Lake Trail and Fountain Hills Trail. The site will blend in. . When the Commissioners first looked at this site, they did consider a gas station. . There should be some buffering and the other conditions need to be in compliance. Open Discussion: Atwood would like to see more on paper and believed the buffering issue should be addressed. V onhof felt the plan should be more concrete. The canopy gives off a lot of light. MOTION BY CRIEGO, SECOND BY ATWOOD, TO CONTINUE THE PUBLIC HEARING TO JANUARY 16,2001. Criego stated he felt this is a good location for a gas station but the buffering has to be addressed with the neighbors. Vote taken indicated ayes by all. MOTION CARRIED. B. File #00-078 Robert Jader is requesting variances for a minimum structure se ess than allowed combined sid ds, and encroachment less than 5 feet of an adJo t for the prope cated at 14962 Pixie Point Circle. On June 28, 1999 the PIa . g Commission granted Robert Ja e foot variance to permit a 24 foot setbac om the top of bluff to construct a single fann elling at 14962 Pixie Point . cleo On June 20,2000, Mr. Jader's builder, Charles Cu LLC, was issu uilding Permit #00-0478 for the proposed structure as surveyed by Brandt E . ering & Surveying. L:\OOFILES\OOPLCOMM\OOPCMIN\mn121100.doc 4 Planning Commission Meeting January 16,2001 PLANNING COMMISSION MINUTES TUESDAY, JANUARY 16,2001 1. Call to Order: Chairman V onhof called the January 16, 2001, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Atwood, Criego, Lemke, Stamson and V onhof, Planning Coordinator Jane Kansier, City Engineer Sue McDermott, Zoning Administrator Steve Horsman and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Criego Lemke Stamson V onhof Present Present Present Present Present 3. Approval of Minutes: The Minutes from the December 11,2000, Planning Commission meeting were approved as presented. Commissioner V onhof read the Public Hearing Statement and opened the meeting. Public Hearings: A. Case File #00-072 (ContiRued) Holiday Station Stores are requesting a Conditional Use Permit to allow a gas station/convenience store and carwash for the property located north of Fountain Hills Drive at the southwest quadrant of the intersection of CSAH 42 and Pike Lake Trail. Planning Coordinator Jane Kansier presented the Planning Report dated January 16,2001, on file in the office of the City Planning Department. The City of Prior Lake recently received an application for a Conditional Use Permit (CUP) to allow the construction of a gas station, convenience store and automatic car wash on the property located at the southwest comer of CSAH 42 and Pike Lake Trail. The Planning Commission held a public hearing on this application on December 11,2000. Due to the number of issues pertaining to the application, the Planning Commission continued the public hearing to January 16,2001, to allow the applicant time to address these issue. The applicant submitted revised plans to the Planning Department on Monday, January 8, 2001. The staff recommended approval of this CUP, subject to the following conditions: 1. The site grading and drainage issues as outlined in the memorandums from the Engineering Department. 2. The parking plan must provide the minimum parking spaces. 3. An access easement for the shared driveway must be submitted. 4. An irrigation plan must be provided as part of the landscaping plan. L:\O I files\O 1 plancomm\O I pcminutes\mnO 1160 I.doc 1 Planning Commission Meeting January 16. 2001 5. Drainage and surfacing plans for the car wash must be submitted for review and approval by the City Engineer. 6. Outside Storage and Display: No outside sale or display shall be permitted except gasoline and other goods consumed in the normal operation of a car and limited to the following products: oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries. No products shall be sold or displayed in any required yard nor shall the total display area occupy more than 150 square feet in area or be more than 5 feet in height. No other vehicular parts and non-automobile oriented goods shall be displayed or sold outside. 7. Public Address System: No public address system shall be audible from any property located in an "R" Use District. City Engineer Sue McDermott stated the majority of the engineering issues have been revised and are reflected on the new plans. The major issues were with the driveways. Most can be worked out with the developer's engineer. The driveway entrance should be moved 10 feet to the west in order to avoid a catch basin. The Engineering Department also requested that the applicant hold a pre-construction meeting to meet with the private utility companies to discuss the timing of relocation of substantial features in the western driveway area. Kansier said the Holiday plans have identified all the outstanding issues. Some changes will need to be made to the plan, however the staff did not feel those issues would warrant further continuance of the items. They are minor items that can be addressed before this goes before the City Council. Comments from the public: Victor Sacco, Manager of Real Estate for Holiday Companies, said they have reviewed the conditions and will meet the conditions to the site plan. The Holiday Companies' engineer was also available for questions. Dave Baden, said he was a close neighbor to the area and questioned the direction of runoff. Sue McDermott said there is an on-site storm sewer system and in accordance with the building code they will have to provide drainage in the carwash. She did not see a problem. V onhof closed the floor. Comments from the Commissioners: Atwood: . Concurred with staff subject to the conditions in the report. Stamson: . The last meeting concern was landscaping. There was no clear plan. Those issues have been met. . The second concern was the impact on the neighbors. The surrounding lots are heavily treed. There is adequate screening. . Recommend City Council approve the request. L:\O I files\O I plancomm\O I pcminutes\mnO 1160 I.doc 2 ,........._Iu .,"-....~....,..~-'~....'~._,'....~,_._-.._-.lio.._.._.. _......__....."".... .,.,."*.....;......."'.,.. ___...~.,;,,;~.....-.....;.....'_..-. . ...; . ..."~...._.:-.............-~........'--;,,;.ll.:~,...,.,.-...~_._.."'...._..., ....,..J__ - __..~,~.....~. . ',,'._ . Planning Commission Meeting January 16,2001 Criego: . Why isn't there a drain basin with this project? McDermott said the sedimentation holding ponds were graded in with the entire Fountain Hills Addition. The ponds were graded in at that time. Most of the water will drain to the regional pond on County Road 42, which was designed to take the drainage from this property. . Questioned the sidewalk or trail in front ofthe station. . McDermott explained the trail on the north side of Fountain Hills Drive, which covers the industrial park connecting with Pike Lake Trail. . Asked applicant to discuss the easement required for the second driveway. Sacco responded Holiday decided it would be good traffic circulation to have the access cut lined up with the side street parallel with Pike Lake Trail. Another concern was for the utilities. Holiday will put together an easement with property holder Wensco. . Kansier pointed out the development had always planned for a shared driveway for these lots. . The landscaping was laid out to help the residents. Questioned if there was more landscaping on the west side of the property. Sacco said they looked for trees on the southeast side that would block and screen. Pines trees are located on the site. . Felt there should be larger evergreens to solve the problem. Lemke: . Agreed with staff s recommendation. Atwood: . At the last meeting there was a question on the Vierling fence. Kansier responded the issue was with the west side of the plat, not part of this lot. V onhof: . Concurred with the Commissioners' comments. Encouraged better screening on the southeast comer using larger plantings. MOTION BY STAMSON, SECOND BY ATWOOD, TO RECOMMEND CITY COUNCIL APPROVE THE CONDITIONAL USE PERMIT TO ALLOW A GAS STATION/CONVENIENCE STORE SUBJECT TO STAFF'S CONDITIONS. Criego felt there should be more evergreens at a greater height. Stamson felt the maple trees have a bigger canopy and will cover more area. If too many evergreens are put in you can see over the top of them. The homes on the hill are heavily treed as it is. Vote taken indicated ayes by all. MOTION CARRIED. This item will most likely go before the City Council on February 5, 2001. B. Case File #00-089 Jane Crosson is requesting a Variance to permit a deck structure with a rear setback less than the minimum required. L:\OI files\Olplancomm\O Ipcminutes\mnO 1160 I.doc 3 AGENDA ITEM: SUBJECT: APPLICANT: SITE: PRESENTER: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 4A CONTINUATION OF A PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT TO ALLOW A GAS STATION/CONVENIENCE STORE IN THE C-4 ZONING DISTRICT (CASE FILE #00-072) L YNDALE TERMINAL CO. (HOLIDAY STATION STORES) THIS PROPERTY IS LOCATED ON THE SOUTH SIDE OF CSAH 42, IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF PIKE LAKE TRAIL AND FOUNTAIN HILLS DRIVE. JANE KANSIER, PLANNING COORDINATOR X YES NO-N/A JANUARY 16, 2001 The City of Prior Lake recently received an application for a Conditional Use Permit (CUP) to allow the construction of a gas station, convenience store and automatic car wash on the property located at the southwest comer of CSAH 42 and Pike Lake Trail. The Planning Commission held a public hearing on this application on December 11, 2000. Due to the number of issues pertaining to the application, the Planning Commission continued the public hearing to January 16, 2001, to allow the applicant time to address these issue. The applicant submitted revised plans to the Planning Department on Monday, January 8, 2001. The staff has not had the time to review the plans as of the writing of this report. Our comments will be available at the Planning Commission meeting. The revised plans are attached to this report. Also attached is a copy of the minutes of the December 11, 2000 Planning Commission meeting. These minutes outline the issues pertaining to the proposed development. 1:\OOfiles\OOcup\OO-072\OO-072pc 2.doc I 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MINUTES MONDAY, DECEMBER 11, 2000 1. Call to Order: Chairman V oOOof called the December 11, 2000, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Atwood, Criego, Lemke, Stamson and V oOOof, Planning Director Don Rye, City Engineer Sue McDermott, Zoning Administrator Steve Horsman and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Criego Lemke Stamson V oOOof Present Present Present Present Present 3. Approval of Minutes: The Minutes from the November 27,2000, Planning Commission meeting were approved as presented. Chair V oOOof read the Public Hearing Statement and opened the first public hearing. Public Hearings: A. Case File #00-072 Holiday Station Stores are requesting a Conditional Use Permit to allow a gas station/convenience store and carwash for the property located north of Fountain Hills Drive at the southwest quadrant of the intersection of CSAH 42 and Pike Lake Trail. Planning Director Don Rye presented the Planning Report dated December 11, 2000, on file in the office of the City Planner. The City of Prior Lake recently received an application for a Conditional Use Permit (CUP) to allow the construction of a gas station, convenience store and automatic car wash on the property located at the southwest comer of CSAH 42 and Pike Lake Trail. This site is zoned C-4 (General Business). The applicant has not requested any variances for this proj ect. The site in question was platted in 1999 as Lot 2, Block 1, Fountain Hills Addition. This lot is 2.13 acres in area, and is bounded by CSAH 42 on the north, Pike Lake Trail on the east and Fountain Hills Drive on the south. The proposed development includes a 5,404.4 square foot convenience store, a 1,439.1 square foot automatic car wash, and 5 pump islands located under a 4,080 square foot canopy. L:\OOFILES\OOPLCOMM\OOPCMIN\rrm121100.doc 1 Planning Commission December II, 2000 At this time, staff felt there were several outstanding issues to be addressed in order to ensure the proposal meets the ordinance requirements. The plans must be revised to address the following issues: 1. The site grading and drainage issues as outlined in the memorandums from the Engineering Department. 2. The Building Code issues listed as items 1-5 in the attached memorandum from the Building Official. 3. The parking plan must provide the minimum parking spaces. 4. The driveway widths must be reduced to 36 feet. In addition, an access easement for the shared driveway must be submitted. 5. The landscaping plan must be revised to meet the Ordinance requirements. Also, an irrigation plan must be provided as part ofthe landscaping plan. 6. The signage plan must be revised so the signs do not exceed the maximum size. The site plan must also be more specific about the location ofthe freestanding sign. Signs must be located at least 10' from any lot line, and may not be located within the traffic visibility triangle. 7. The lighting plan must be revised to ensure the illumination does not exceed 1.0 foot- candles at the property lines. 8. Drainage and surfacing plans for the car wash must be submitted for review and approval by the City Engineer. Due to the number of outstanding issues, staff recommended the public hearing be continued to January 16, 2001, to allow time for the applicant to submit revised plans and for staff review. Staff received a letter from Kevin and Barb Lilland dated December 11, 2000 requesting certain conditions be imposed on the project including buffering/landscaping and hours of operation. Comments from the public: Victor Sacco, representative and manager for the Holiday Companies, said they have reviewed the staff report and concur all changes and conditions meet with their approval. Holiday Companies will work with staffto make the necessary changes. Sacco asked if the Commissioners would consider approving the request. Mike Vierling, 13985 Pike Lake Trail, stated his family owns on the adjacent land and have a fence dispute with Wensmann (property owner) on the northeast side of the property. He would like to have the issue settled up before the project is started. L:\OOFILES\OOPLCOMM\OOPCMIN\mn121100.doc 2 Planning Commission December 11,2000 V onhof asked Rye to address the issue. Rye said this particular property is an approved lot of record. The preliminary plat covered the entire 38 acres. The final plat only included about half the site. The remainder of the site includes the property Mr. Vierling is referring to. At the time final plat is brought in for approval the title issue has to be resolved. The public hearing was closed. Comments from the Commissioners: Atwood: . Questioned if there would be an issue of swapping the pumps and store locations. Mr. Sacco said they would need to expose the pumps to the main access. The public is looking for a location that looks attractive from the street level. It makes a better presentation. He also pointed out the higher elevation in the back. . When was Fountain Hills graded? Rye responded it was last week. Stamson: . The overall proposal is consistent with the goals and commercial plans for the area. There are no real design issues. . A gas station was specifically stated for this site last year with the rezoning. It is a good plan. . Supported - stating no hesitation to forward on to the City Council with the understanding the revisions are to be made. Rye pointed out in switching the location of the pumps and station there would be a fair amount of noise with the carwash. Ifthey were to switched it, the carwash would be on the Pike Lake Road side closer to the residential properties. Criego: . Questioned the shared/common driveway. Sacco said they would have common access with the adjoining west property, which would keep down the number of accesses into Fountain Hills. The utilities will have to be relocated. The cost benefit has not been determined. . Ifthe cost was out ofline would the applicant put the driveway on their own property? Sacco said they would, but did not see a problem. . Not practical to swap the pumps and store but there should be some buffer. . Questioned how the applicant would buffer. Sacco explained the wrapped canopy. The neighbors are on a higher location. The south side of the canopy would not be illuminated. The northeast side could be softened by light. . Someone should take a look at the buffer zone. Maybe trees. Sacco said they would consider it. . Rye pointed out the landscaping plan could be addressed with Criego's concerns. . Atwood questioned if the neighborhood could be involved. Sacco said they would try to meet those conditions. L:\OOFILES\OOPLCOMM\OOPCMIN\rrm121100.doc 3 Planning Commission December 11,2000 Lemke: . Questioned ifit is the store's policy to be open 24 hours a day. Sacco responded it was the intent, but not all stores are open 24 hours. Ifthey are open 24 hours and not doing any business they will shut it down. The time is used for stocking and general maintenance. It is important to be open 24 hours to be available and help people. . Questioned the zoning on this property. Rye said the Comprehensive Plan designated this area commercial in 1995. The actual zoning was about 2 years ago. V onhof: . The entire building will be brick. . Questioned the elevations. Sacco explained the residential elevations are higher. It is above Pike Lake Trail and Fountain Hills Trail. The site will blend in. . When the Commissioners first looked at this site, they did consider a gas station. . There should be some buffering and the other conditions need to be in compliance. Open Discussion: Atwood would like to see more on paper and believed the buffering issue should be addressed. V onhof felt the plan should be more concrete. The canopy gives off a lot of light. MOTION BY CRIEGO, SECOND BY ATWOOD, TO CONTINUE THE PUBLIC HEARING TO JANUARY 16,2001. Criego stated he felt this is a good location for a gas station but the buffering has to be addressed with the neighbors. Vote taken indicated ayes by all. MOTION CARRIED. B. Case File #00-078 Robert Jader is requesting variances for a minimum structure setback, less than allowed combined side yards, and encroachment less than 5 feet of an adjoining lot for the property located at 14962 Pixie Point Circle. Zoning Administrator Steve Horsman presented the Planning Report dated December 11, 2000, on file in the office ofthe City Planning Department. On June 28, 1999 the Planning Commission granted Robert Jader a 33 foot variance to permit a 24 foot setback from the top of bluff to construct a single family dwelling at 14962 Pixie Point Circle. On June 20,2000, Mr. Jader's builder, Charles Cudd Co., LLC, was issued Building Permit #00-0478 for the proposed structure as surveyed by Brandt Engineering & Surveying. L:\OOFILES\OOPLCOMM\OOPCMIN\mn121100.doc 4 AGENDA ITEM: SUBJECT: APPLICANT: SITE: PRESENTER: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 4A PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT TO ALLOW A GAS STATION/CONVENIENCE STORE IN THE C-4 ZONING DISTRICT (CASE FILE #00-072) LYNDALE TERMINAL CO. (HOLIDAY STATION STORES) THIS PROPERTY IS LOCATED ON THE SOUTH SIDE OF CSAH 42, IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF PIKE LAKE TRAIL AND FOUNTAIN HILLS DRIVE. JANE KANSIER, PLANNING COORDINATOR X YES NO-N/A - - JANUARY 16, 2001 The staff has completed review ofthe revised plans for the Conditional Use Permit (CUP) to allow the construction of a gas station, convenience store and automatic car wash on the property located at the southwest comer of CSAH 42 and Pike Lake Trail. This site is zoned C-4 (General Business). The issues identified in the December 11, 2000 staff report are listed below. The developer's response to each item is shown in bold italics. 1. The site grading and drainage issues as outlined in the memorandums from the Engineering Department. 2. The Building Code issues listed as items 1-5 in the attached memorandum from the Building Official. The developer has addressed each of these issues satisfactorily. 3. The parking plan must provide the minimum parking spaces. The minimum number of spaces for this use is 38 spaces. Only 10 of those spaces may be located at the pump islands. The revised site plan includes a total of 35 spaces. This issue has not been addressed. 4. The driveway widths must be reduced to 36 feet. In addition, an access easement for the shared driveway must be submitted. The width of the driveways is within the maximum allowed. The developer has not submitted an access easement document. c:\my documents'OO-072~c3.doc 1 16200 Eagle Creek Ave. S.c., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 5. The landscaping plan must be revised to meet the Ordinance requirements. Also, an irrigation plan must be provided as part of the landscaping plan. The revised landscaping plan includes the minimum number of plantings. In addition, all plantings meet the minimum size requirements. An irrigation plan has not been submitted at this time. 6. The signage plan must be revised so the signs do not exceed the maximum size. The site plan must also be more specific about the location of the freestanding sign. Signs must be located at least 10' from any lot line, and may not be located within the traffic visibility triangle. The revised sign plan meets the Zoning Ordinance requirements. 7. The lighting plan must be revised to ensure the illumination does not exceed 1.0 footcandles at the property lines. The plans have been revised so that the illumination at the property lines does not exceed 1.0 footcandles. 8. Drainage and surfacing plans for the car wash must be submitted for review and approval by the City Engineer. REVIEW PROCESS: The proposed Conditional Use Permit should be reviewed in accordance with the criteria found in Section 1102.1203 and Section 1108 of the City Code. Section 1102.1203 includes the specific conditions for the proposed use. Section 1108 includes the general CUP criteria. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. Two of the goals of the Comprehensive Plan are to encourage a diversified economic base and to promote sound land use. The proposed use provides additional commercial development in the City. The location of the use is also consistent with the Comprehensive Plan in that it has good access from collector streets. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. In general, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The access to the site is from a collector street, and will not direct traffic through any adjacent residential areas. (3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The site plan meets the requirements of the Zoning Ordinance, with the exception of the number of parking spaces. There is room on the site to accommodate the required spaces. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. c:\my documents\OO-072pc3.doc 2 The streets and utilities to serve this development are in place. This use will not adversely affect those services. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. With the required changes, the use will be screened from the adjacent roads, and will not have an adverse impact on the nearby properties. (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. The revised site plan is generally consistent with the provisions of the Zoning Ordinance. There are some minor changes required to the site plan in order to ensure the development is consistent with the provisions of the Zoning Ordinance. (7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. As noted earlier in the report, the grading and drainage plans do not reflect the existing conditions. These must be changed and resubmitted for review. (8) The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. Once revised plans have been submitted, the Planning Commission and Council may determine additional conditions are required. Other Requirements: There are other requirements specific to this use that must be met. These include the following. 1) Outside Storage and Display: No outside sale or display shall be permitted except gasoline and other goods consumed in the normal operation of a car and limited to the following products: oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries. No products shall be sold or displayed in any required yard c:\my documents\OO-072pc3.doc 3 nor shall the total display area occupy more than 150 square feet in area or be more than 5 feet in height. No other vehicular parts and non-automobile oriented goods shall be displayed or sold outside. 2) Public Address System: No public address system shall be audible from any property located in an "R" Use District. 3) Car Wash: Drainage and surfacing plans for a car wash shall be approved by the City Engineer. The plans shall describe the wash water disposal and sludge removal facilities to be employed to accomplish dust, salt and other chemical and mud abatement on the premises and prevent the accumulation of surface water, wash water or sludge on the site or in the vicinity of the premises. The first two requirements should be included as an ongoing condition of the operation of the facility. The last condition should be included as a condition of approval. This information must be submitted and approved prior to issuance of a building permit. CONCLUSION At this time, there are still some outstanding issues to be addressed in order to ensure this proposal meets the ordinance requirements. However, these issues are not so significant that the proposal could not be forwarded to the City Council, with some conditions. The staff would expect the plans to be revised prior to the Council meeting. The staff recommends approval ofthis CUP, subject to the following conditions: 1. The site grading and drainage issues as outlined in the memorandums from the Engineering Department. 2. The parking plan must provide the minimum parking spaces. 3. An access easement for the shared driveway must be submitted. 4. An irrigation plan must be provided as part ofthe landscaping plan. 5. Drainage and surfacing plans for the car wash must be submitted for review and approval by the City Engineer. 6. Outside Storage and Display: No outside sale or display shall be permitted except gasoline and other goods consumed in the normal operation of a car and limited to the following products: oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries. No products shall be sold or displayed in any required yard nor shall the total display area occupy more than 150 square feet in area or be more than 5 feet in height. No other vehicular parts and non-automobile oriented goods shall be displayed or sold outside. 7. Public Address System: No public address system shall be audible from any property located in an "R" Use District. c:\my documents\OO-072pc3.doc 4 ALTERNATIVES: 1. Recommend the City Council approve the CUP with conditions as recommended or any other conditions the Planning Commission feels are warranted. 2. Recommend denial of the request. In this case, the Planning Commission should be specific about findings of fact. 3. Continue the request. In this case, staff should be directed with specific information to bring back to the Planning Commission for further review. If continued, this item should be scheduled for the January 29,2001 Planning Commission meeting in order to meet the 120 deadline for action. RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUIRED: Motion and second recommending the City Council approve the CUP subject tot eh listed conditions. c:\my documents\OO-072pc3.doc 5 \ PLANNING COMMISSION MINUTES MONDAY, DECEMBER 11, 2000 1. Call to Order: Chairman V onhof called the December 11, 2000, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Atwood, Criego, Lemke, Stamson and Vonhor, Planning Director Don Rye, City Engineer Sue McDermott, Zoning Administrator Steve Horsman and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Criego Lemke Stamson V onhof Present Present Present Present Present 3. Approval of Minutes: The Minutes from the November 27,2000, Planning Commission meeting were approved as presented. Chair V onhof read the Public Hearing Statement and opened the first public hearing. Public Hearings: A. Case File #00-072 Holiday Station Stores are requesting a Conditional Use Permit to allow a gas station/convenience store and carwash for the property located north of Fountain Hills Drive at the southwest quadrant of the intersection of CSAH 42 and Pike Lake Trail. Planning Director Don Rye presented the Planning Report dated December 11, 2000, on file in the office ofthe City Planner. The City of Prior Lake recently received an application for a Conditional Use Permit (CUP) to allow the construction of a gas station, convenience store and automatic car wash on the property located at the southwest comer of CSAH 42 and Pike Lake Trail. This site is zoned C-4 (General Business). The applicant has not requested any variances for this proj ect. The site in question was platted in 1999 as Lot 2, Block 1, Fountain Hills Addition. This lot is 2.13 acres in area, and is bounded by CSAH 42 on the north, Pike Lake Trail on the east and Fountain Hills Drive on the south. The proposed development includes a 5,404.4 square foot convenience store, a 1,439.1 square foot automatic car wash, and 5 pump islands located under a 4,080 square foot canopy. L:\OOFILES\OOPLCOMM\OOPCMIN\nm121100.doc 1 Planning Commission December 11,2000 At this time, staff felt there were several outstanding issues to be addressed in order to ensure the proposal meets the ordinance requirements. The plans must be revised to address the following issues: 1. The site grading and drainage issues as outlined in the memorandums from the Engineering Department. 2. The Building Code issues listed as items 1-5 in the attached memorandum from the Building Official. 3. The parking plan must provide the minimum parking spaces. 4. The driveway widths must be reduced to 36 feet. In addition, an access easement for the shared driveway must be submitted. 5. The landscaping plan must be revised to meet the Ordinance requirements. Also, an irrigation plan must be provided as part of the landscaping plan. 6. The signage plan must be revised so the signs do not exceed the maximum size. The site plan must also be more specific about the location of the freestanding sign. Signs must be located at least 10' from any lot line, and may not be located within the traffic visibility triangle. 7. The lighting plan must be revised to ensure the illumination does not exceed 1.0 foot- candles at the property lines. 8. Drainage and surfacing plans for the car wash must be submitted for review and approval by the City Engineer. Due to the number of outstanding issues, staff recommended the public hearing be continued to January 16, 2001, to allow time for the applicant to submit revised plans and for staff review. Staff received a letter from Kevin and Barb Lilland dated December 11, 2000 requesting certain conditions be imposed on the project including buffering/landscaping and hours of operation. Comments from the public: Victor Sacco, representative and manager for the Holiday Companies, said they have reviewed the staff report and concur all changes and conditions meet with their approval. Holiday Companies will work with staffto make the necessary changes. Sacco asked if the Commissioners would consider approving the request. Mike Vierling, 13985 Pike Lake Trail, stated his family owns on the adjacent land and have a fence dispute with Wensmann (property owner) on the northeast side of the property. He would like to have the issue settled up before the project is started. L:\OOFILES\OOPLCOMM\OOPCMIN\nm121100.doc 2 Planning Commission December 11, 2000 V onhof asked Rye to address the issue. Rye said this particular property is an approved lot of record. The preliminary plat covered the entire 38 acres. The final plat only included about halfthe site. The remainder of the site includes the property Mr. Vierling is referring to. At the time final plat is brought in for approval the title issue has to be resolved. The public hearing was closed. Comments from the Commissioners: Atwood: . Questioned if there would be an issue of swapping the pumps and store locations. Mr. Sacco said they would need to expose the pumps to the main access. The public is looking for a location that looks attractive from the street level. It makes a better presentation. He also pointed out the higher elevation in the back. . When was Fountain Hills graded? Rye responded it was last week. Stamson: . The overall proposal is consistent with the goals and commercial plans for the area. There are no real design issues. . A gas station was specifically stated for this site last year with the rezoning. It is a good plan. . Supported - stating no hesitation to forward on to the City Council with the understanding the revisions are to be made. Rye pointed out in switching the location of the pumps and station there would be a fair amount of noise with the carwash. If they were to switched it, the carwash would be on the Pike Lake Road side closer to the residential properties. Criego: . Questioned the shared/common driveway. Sacco said they would have common access with the adjoining west property, which would keep down the number of accesses into Fountain Hills. The utilities will have to be relocated. The cost benefit has not been determined. . If the cost was out ofline would the applicant put the driveway on their own property? Sacco said they would, but did not see a problem. . Not practical to swap the pumps and store but there should be some buffer. . Questioned how the applicant would buffer. Sacco explained the wrapped canopy. The neighbors are on a higher location. The south side ofthe canopy would not be illuminated. The northeast side could be softened by light. . Someone should take a look at the buffer zone. Maybe trees. Sacco said they would consider it. . Rye pointed out the landscaping plan could be addressed with Criego's concerns. . Atwood questioned if the neighborhood could be involved. Sacco said they would try to meet those conditions. L:\OOFILES\OOPLCOMM\OOPCMIN\mn121100.doc 3 Planning Commission December 11,2000 Lemke: · Questioned ifit is the store's policy to be open 24 hours a day. Sacco responded it was the intent, but not all stores are open 24 hours. Ifthey are open 24 hours and not doing any business they will shut it down. The time is used for stocking and general maintenance. It is important to be open 24 hours to be available and help people. · Questioned the zoning on this property. Rye said the Comprehensive Plan designated this area commercial in 1995. The actual zoning was about 2 years ago. V onhof: · The entire building will be brick. · Questioned the elevations. Sacco explained the residential elevations are higher. It is above Pike Lake Trail and Fountain Hills Trail. The site will blend in. · When the Commissioners first looked at this site, they did consider a gas station. · There should be some buffering and the other conditions need to be in compliance. Open Discussion: Atwood would like to see more on paper and believed the buffering issue should be addressed. V onhof felt the plan should be more concrete. The canopy gives off a lot of light. MOTION BY CRlEGO, SECOND BY ATWOOD, TO CONTINUE THE PUBLIC HEARING TO JANUARY 16,2001. Criego stated he felt this is a good location for a gas station but the buffering has to be addressed with the neighbors. Vote taken indicated ayes by all. MOTION CARRIED. B. Case File #00-078 Robert Jader is requesting variances for a minimum structure setback, less than allowed combined side yards, and encroachment less than 5 feet of an adjoining lot for the property located at 14962 Pixie Point Circle. Zoning Administrator Steve Horsman presented the Planning Report dated December 11, 2000, on file in the office ofthe City Planning Department. On June 28, 1999 the Planning Commission granted Robert Jader a 33 foot variance to permit a 24 foot setback from the top ofbluffto construct a single family dwelling at 14962 Pixie Point Circle. On June 20, 2000, Mr. Jader's builder, Charles Cudd Co., LLC, was issued Building Permit #00-0478 for the proposed structure as surveyed by Brandt Engineering & Surveying. L:\OOFILES\OOPLCOMM\OOPCMIN\mn121100.doc 4 AGENDA ITEM: SUBJECT: APPLICANT: SITE: PRESENTER: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 4A PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT TO ALLOW A GAS STATION/CONVENIENCE STORE IN THE C-4 ZONING DISTRICT (CASE FILE #00-072) LYNDALE TERMINAL CO. (HOLIDAY STATION STORES) THIS PROPERTY IS LOCATED ON THE SOUTH SIDE OF CSAH 42, IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF PIKE LAKE TRAIL AND FOUNTAIN HILLS DRIVE. JANE KANSIER, PLANNING COORDINATOR X YES NO-N/A DECEMBER 11, 2000 The City of Prior Lake recently received an application for a Conditional Use Permit (CUP) to allow the construction of a gas station, convenience store and automatic car wash on the property located at the southwest comer of CSAH 42 and Pike Lake Trail. This site is zoned C-4 (General Business). The applicant has not requested any variances for this project. REVIEW PROCESS: The proposed Conditional Use Permit should be reviewed in accordance with the criteria found in Section 1102.1203 and Section 1108 of the City Code. Section 1102.1203 includes the specific conditions for the proposed use. Section 1108 includes the general CUP criteria. SITE ANALYSIS: The site in question was platted in 1999 as Lot 2, Block 1, Fountain Hills Addition. This lot is 2.13 acres in area, and is bounded by CSAH 42 on the north, Pike Lake Trail on the east and Fountain Hills Drive on the south. To the west is a vacant commercial lot. Access to the site is from Fountain Hills Drive. There is also a second access via a shared driveway across the lot to the west. 1:\OOfiles\OOcup\OO-072\OO-072pc.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 The proposed development includes a 5,404.4 square foot convenience store, a 1,439.1 square foot automatic car wash, and 5 pump islands located under a 4,080 square foot canopy. The buildings on the site are situated towards the southwest side of the property. The canopy and pump islands are located on the east side of the building, and the car wash is along the west side of the building. The following is a more detailed description of the site plan. Site Gradine and Eneineerine: This site was graded as a part of the development of Fountain Hills. The contours shown on the grading plan do not reflect existing conditions on the site. In addition, the plans do not reflect the existing locations of the utilities. The plans must be revised to reflect the existing conditions. The specific comments from the Engineering staff are attached to this report. Buildine Code Review: The Building Official has also reviewed the plans, and has identified several changes. A copy of the memorandum is attached to this report. The first five items on this memorandum must be addressed to complete the analysis of the site design. The remaining items may be addressed as a part of the building permit application. Setbacks: The ordinance requires a minimum 50' setback along any right-of-way and a 20' side yard setback. In addition, the pump islands must be located an additional 12' from the setback line. The proposed development meets the minimum setbacks. Parkine Spaces: The use requires a minimum of 4 parking spaces, plus 1 space for each 180 square feet of commercial floor area, for a total of 38 spaces. Only 25% of the required spaces may be located at the pump islands. In addition, at least 4 stacking spaces are required for the car wash. The site plan includes a total of 36 parking spaces, and at least 4 stacking spaces for the car wash. The applicant must provide 2 additional parking spaces in order to meet the Ordinance requirements. These 2 spaces may not be located at the pump islands. Driveways: The maximum driveway width for a commercial use is 36' measured at the street right-of-way line. The site plan identifies a 40' wide driveway. This width must be reduced. Landscapine: There are 3 different types of landscaping required for this plan: 1) perimeter landscaping; 2) parking lot bufferyards; and 3) tree replacement. 1) Perimeter Landscaping: The Zoning Ordinance requires a minimum of 1 tree per 40' of perimeter of the site, or 31 trees. The landscaping must consist of at least 25% coniferous trees, and 25% deciduous trees. The minimum planting size is 6' for the coniferous trees, and 2 Y2 caliper inches for the deciduous trees; however, at least 10% of each planting type must be oversized (8' and 3 Y2 caliper inches, respectively). Finally, ornamental trees are allowed, but at a ratio of2 ornamental trees for 1 canopy I: \OOfiles\OOcup \OO-072\OO-072pc.doc 2 tree. The proposed plan includes a mix of size and species, but does not include the proper number of trees. 2) Parking Lot Bufferyards: A Bufferyard Type "B" is required where a parking lot is adjacent to right-of-way. This means a bufferyard is required along the north, south and east property lines. The plantings included within the bufferyard cannot be counted as perimeter trees. The proposed plan does not include any bufferyard landscaping. 3) Tree Replacement: When the final plat of Fountain Hills was approved, tree replacement was required to meet the tree preservation ordinance requirements. The landscaping plan identified 2 Autumn Flame Maple trees, 2 ~ caliper inches in size, on this lot. These trees must be identified on the landscaping plan. 4) Irrigation: The notes on the landscaping plan state an irrigation system will be installed. In that case, an irrigation plan must be provided. Sienaee: The site plan identifies a freestanding sign at the northeast comer of this site. The plan must be refined to better identify this location, since it is shown differently on the survey and on the site plan. The proposed monument sign is 25' tall, measured from the grade to the top of the sign, and includes 156.4 square feet of sign area. The C-4 district allows a freestanding sign no more than 20' tall and 100 square feet in area. The proposed sign must be reduced to meet this requirement. The plan also proposes wall signs on the north, south and east faces of the building and on the north, south and east sides of the canopy. The building signs and the sign on the east side of the canopy are within the maximum sign area. The signs located on the north and south faces of the canopy exceed the maximum 20% of the face of the structure. These signs must be reduced in area. Liehtine: Lighting on this site includes freestanding light poles on the perimeter of the site, decorative lighting on the building, and illuminated lettering on the signs. The area beneath the canopy is also lit. The Ordinance requires that exterior lighting be designed and arranged to limit direct illumination and glare to any contiguous parcels. Reflected glare may not exceed 1.0 footcandles at the property line. In this case, the glare exceeds 1.0 footcandles on the west property line. This must be revised. Architectural Requirements: The Zoning Ordinance requires that at least 60% of the building face visible from off-site be constructed of Class I materials, and no more than 10% of the building face be constructed of Class III materials. The exterior of the proposed building is finished with brick, glass, EIFS fascia, and precast concrete. At least 60% of the exterior is Class I (brick and glass). The Zoning Ordinance also requires at least 1 % of the lot area be devoted to pedestrian plazas or walkways. This proposal meets that requirement. This proposal also meets all ofthe other architectural design requirements of the ordinance. I: \OOfiles\OOcup\OO-072\OO-072pc.doc 3 Other Requirements: There are other requirements specific to this use that must be met. These include the following. 1) Outside Storage and Display: No outside sale or display shall be permitted except gasoline and other goods consumed in the normal operation of a car and limited to the following products: oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries. No products shall be sold or displayed in any required yard nor shall the total display area occupy more than 150 square feet in area or be more than 5 feet in height. No other vehicular parts and non-automobile oriented goods shall be displayed or sold outside. 2) Public Address System: No public address system shall be audible from any property located in an "R" Use District. 3) Car Wash: Drainage and surfacing plans for a car wash shall be approved by the City Engineer. The plans shall describe the wash water disposal and sludge removal facilities to be employed to accomplish dust, salt and other chemical and mud abatement on the premises and prevent the accumulation of surface water, wash water or sludge on the site or in the vicinity of the premises. The first two requirements should be included as an ongoing condition of the operation of the facility. The last condition should be included as a condition of approval. This information must be submitted and approved prior to issuance of a building permit. CONDITIONAL USE PERMIT (CUP) ANALYSIS: Section 1108.200 of the City Code sets forth the criteria for approval of a CUP. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. Two of the goals of the Comprehensive Plan are to encourage a diversified economic base and to promote sound land use. The proposed use provides additional commercial development in the City. The location of the use is also consistent with the Comprehensive Plan in that it has good access from collector streets. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. In general, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The access to the site is from a collector street, and will not direct traffic through any adjacent residential areas. (3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. There are several changes required to the site plan in order to ensure the development is consistent with the provisions ofthe Zoning Ordinance. I: \OOfiles\OOcup\OO-072\OO-072pc.doc 4 (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The streets and utilities to serve this development are in place. This use will not adversely affect those services. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. With the required changes, the use will be screened from the adjacent roads, and will not have an adverse impact on the nearby properties. (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. There are several changes required to the site plan in order to ensure the development is consistent with the provisions of the Zoning Ordinance. (7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. As noted earlier in the report, the grading and drainage plans do not reflect the existing conditions. These must be changed and resubmitted for review. (8) The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. Once revised plans have been submitted, the Planning Commission and Council may determine additional conditions are required. CONCLUSION At this time, there are several outstanding issues to be addressed in order to ensure this proposal meets the ordinance requirements. The plans must be revised to address the following issues: I: \OOfiles\OOcup \OO-072\OO-072pc.doc 5 1. The site grading and drainage issues as outlined in the memorandums from the Engineering Department. 2. The Building Code issues listed as items 1-5 in the attached memorandum from the Building Official. 3. The parking plan must provide the minimum parking spaces. 4. The driveway widths must be reduced to 36 feet. In addition, an access easement for the shared driveway must be submitted. 5. The landscaping plan must be revised to meet the Ordinance requirements. Also, an irrigation plan must be provided as part of the landscaping plan. 6. The signage plan must be revised so the signs do not exceed the maximum size. The site plan must also be more specific about the location of the freestanding sign. Signs must be located at least 10' from any lot line, and may not be located within the traffic visibility triangle. 7. The lighting plan must be revised to ensure the illumination does not exceed 1.0 footcandles at the property lines. 8. Drainage and surfacing plans for the car wash must be submitted for review and approval by the City Engineer. Due to the number of outstanding issues, the staff recommends the public hearing be continued to allow the applicant to submit revised plans and to allow for adequate time for staff review. ALTERNATIVES: 1. Continue the public hearing to January 16,2001. RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUIRED: Motion and second continuing the public hearing to January 16, 2001. I: \OOfiles\OOcup \OO-072\OO-072pc.doc 6 Location Map C\, N A 200 0 200400 Feet ~- \ ) I have reviewed the attached proposed request (Fountain Hills Holidav Station) for the following: )( Water City Code X 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: Comments: c5.p4- 7P_~ Signed: Approval X Denial Conditional Approval eo"" fU;n: 71H!; f?:Jt.../...6WIl'I&, IJ-~ f!,. e... ~() f!-l>IfI r f?GI9/'J-'. . Cof\fTfJO~ ~thWH fOe.. 6~/STII+lt; CD/'lf>/T7oN'5:. 00 NoT ~~l..GGT ,4t;;TufJ.i.- F/6t....f:> ~L51/J4.7-1oN 5.. t:A!JNTDtJ~~ S~ N A~ Fbli/l Pfl-oPBe. r"Y f1UD R... 70 ~e.I4t)'N4 IN 199. ,!low JI-V'- ,c;~S.PN~ CDl'lb/nDN~ /IV G~v1:>t'Ne:;. ~14u.G-Un(.,,71--- ~x AHf> f'6])~ J9.-r ~7?t)N DFLvebT De\V6w""~. ~t.V B~ ~IL ~~ovl4~ :;: "el4lM 1>$,' $.J4w _"TT1 N_ _c ---..YJIY~ _c:>__'N. H,u..$. l'Io CtzJ9.~II\Jt:, ~IIAU- 86 t:>ol'l15 OM ~A-I~~ 02- &#i 7'W E:;Ei"'N. n,g.) t.. .... c DiG 9 . ~ c..v ~)'-'r P'151'J.G6 l...oe.l9- /)t::J,y. cr-J pt.,1"J f\.J ~ ,go YHul€.. I> Al6'Sb&D ~N ~~~12- ~/f-Is.. R t,1" VAVtIG , ~ IN 71Hi $.~T FOiL S~&. ~C-" l!f,!~ &17 IH~7ltU-Q> Del THe ~ 2:;L-J- -- Date: 11- Z-/ - 0 0 / l-oT: Please return any comments by Tuesdav. November 21.2000, to Jane Kansier. DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9812 Fax: (612) 447-4245 . 1:\OOfiles\OOcup\OO-072\referral.doc Page 2 .,'" \ .~ DATE: November 17, 2000 TO: Sue McDermott, City Engineer FROM: Lani Leichty, Water Resources Coordinator RE: Holiday Station (Project #47-00) The Engineering Department has reviewed the preliminary plans for the subject project and we have the following comments: 1. Utility Plan - SP 3: Show a storm sewer pipe connection to the existing catch basin on Fountain Hills. 2. Utility Plan - SP 3: Add a note to the above sheet stating that the connection to the existing storm manhole needs to be made with a concrete saw and repaired with non-shrink grout. 3. Utility Plan - SP 3: Show a detail of the car wash floor drain pit. 4. Utility Plan - SP 3: The City's requirement for 6" and 8" DIP is Class 52. 5. Utility Plan - SP 4: Show where the silt fence will be located on the grading plan. 6. Utility Plan - SP 4: Where slopes are greater than 3: 1, a retaining wall will be required. A retaining wall will be needed around the storm sewer outlet on the north side of the property, unless a 3:1 slope can be obtained. 7. Utility Plan - SP 4: Extend the 12" storm sewer pipe so that the apron invert is within 2 feet vertical elevation of the existing culvert under C.R. 42. 8. Utility Plan - SP 4: Place a note on the page stating, "Slopes greater or equal to 3:1 shall have an erosion control blanket installed immediately after finished grading. 9. Utility Plan - SP 4: The proposed contours on the east side of the property need to be tied into the existing contours properly. G:\PROJECTS\2000\4 7holiday\REVIEW I.DOC Memorandum DATE: November 20, 2000 TO: Jane Kansier, Planner ~~ FROM: Robert D. Hutchins, Building Official RE: Holiday Station 140xx Pike Lake Trail Following are the results of the preliminary plan review for the Holiday Station. Our review was based on the Minnesota State Building Code (MSBC) which adopted with amendments the 1997 Uniform Building Code (UBC) with handicap regulations of the Minnesota Accessibility Code Chapter 1341. Also requirements of the 1998 Minnesota State Fire Code (MSFC) which adopted with amendments the 1997 Uniform Fire Code (UFC). Items 1 thru 5 need to be completed for the site review. 1. Complete a Building Code analysis. UBC Chapter 5. Include the following: a. Occupancy Classification. b. Type of Construction. c. Location on Property. d. Allowable Floor Area. e. Height and Number of stories. f. Exiting. 2. Provide a Post Indicator Valve (PIV) on sprinkler supply line into building. Locate a minimum distance away the height of the building. 3. Provide fire lanes for fire apparatus response. Signage to read :" No Parking Fire Lane by order of Fire Department". Indicate on a Site plan. Locate by Fire Hydrant and by Fire Department connection. UFC 1001.7.1. 4. Locate the Fire Department connection. Preferred location is on south side of car wash wall. Provide a Fire Hydrant within 150 feet of the Fire Department connection. 5. Sheet SP 1: Canopy Dimension of 163' -0" appears incorrect. .. " 6. Submit signed architectural, structural, Certificate of Survey, HV AC, plumbing, fire alann, and sprinkler plans. May be submitted at a later date. 7. Submit a soils report. 8. Submit Energy Envelope Calculations. MN Energy Code 7670.0100 9. A S.A.C. determination must be completed by the Metropolitan Waste Control Commission. Contact Jody Edwards at 651.602.1113. 10. Provide calculation of required Attic ventilation. UBC 1505 11. Provide Engineered Roof Truss Drawings at Framing Inspection. 12. Provide a room finish, door, door hardware, and window schedule. 13. Submit the Structural Engineers requirements for Special Inspections UBC 1701.5. 14. Provide an attic access. UBC 1505.1 15. Provide detail of Attic draftstopping. UBC 708.3.1.2.2. 16. Provide HDCP Interior and Exterior signage details. MSBC 1341.0476. 17. Provide accessible drinking fountain cutsheet detail. MSBC 1305.1795 18. Provide a van accessible parking space. MSBC 1341.0403, Item E, Subitem 2. 19. Provide a HDCP ramp detail. 20. Provide emergency lighting and exit signs. UBC 1003.2.8 21. Provide a recycling space. MSBC 1300.4700. 22. Indicate Roofing materials. UBC Table 15-A 23. Ventilation for the building must meet UBC chapter 12. Provide 15 CFM of ventilation per occupant. 24. Sprinkler system shall be monitored by a remote station. MSFC 1003.3.1 25. Underground storage tanks require a separate permit. UFC Article 79. This is a preliminary review only. Other code items will be addressed when the final plans are submitted. The Cites Developmental Review Committee (DRC), which consists of representatives of Planning, Engineering, Parks, Finance, and Building Departments, must review the building plans. 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MN Z ~ 1;;11, ~ , ."I~ Correspondence L:\TEMPLA TE\FILEINFO.DOC Page 1 of 1 Cynthia Kirchoff From: Cynthia Kirchoff Sent: Wednesday, July 02, 20039:17 AM To: 'mbillstrom@ebertconst.com' Cc: Jane Kansier Subject: Holiday landscaping/letter of credit , Ii :11 Ii Mark- I inspected the landscaping at the above referenced site yesterday. I noted dead sod on east portion of the site. The letter of credit does not expire until 12/31/03. The City will not release the letter of credit until the fall, at the earliest, to ensure the health of required plantings. Cynthia Kirchoff, AICP Planner City of Prior lake 16200 Eagle Creek Avenue SE Prior lake, MN 55372-1714 (952) 447-9813 (952) 447-4245-fax ,I , '1 i 7/2/03 Page 1 of 1 Cynthia Kirchoff From: Steve Horsman Sent: Wednesday, June 25, 2003 9:32 AM To: Jane Kansier Cc: Cynthia Kirchoff Subject: FW Holiday - Permit No. 02-0110 -----Original Message----- From: Mark BiIIstrom [mailto:mbillstrom@ebertconst.com] sent: Wednesday, June 18, 2003 3:06 PM To: shorsman@cityofpriorlake.com ~~~~~~r&~=~.'&~tO"..."1 06/18/03 Mr. Steve Horsman Building Inspector City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372-1714 (952) 447 9854 Mr. Horsman, We have mailed notification to the Prior Lake Watershed (Jim Eggen) that landscaping is complete and ready for in~peGtion by their offic~.. ..... . ..... . '. ..> . '. . ..... .'. .. . . . . . . . ./....<. .> Ourotient requests.tI1at~ .....ofCl1tditrefattMito,~ng.heId by the City of PriorLake;'."_i~lease direct this request to the appropriate person and let us know when we can eXl?ect the release. If you reply to this e-mail.please..replyall...aslwill be out of the office. \ Thank you. Mark G. Billstrom Ebert, Inc. 23350 County Road 10 Corcoran / Loretto, MN 55357 (763) 498 7844 ext 123 (763) 498 9951 facs. (800) 6271669 ext 123 mbillstrom@ebertconst.com 6/25/03 March 10,2003 U.S. Bank National Association Standby Letters of Credit 800 Nicollet Mall Minneapolis, MN 55402 RE: Holiday Stationstores, Inc. Case No.: 00-72 To Whom It May Concern: Enclosed is the Irrevocable Letter of Credit No.SLCMMSP01868, which expired on February 6, 2003. If you have any questions, please call me at (952) 447-9813. Sincerely, 4'J.itU7-fB~~ Cynthia R. Kirchoff, AICP Planner Enclosure " 162~~~,},\~. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245" AN EQUAL OPPORTUNITY EMPLOYER U.S. Bank National Association Standby Letters of Credit 800 Nicollet Mall BC-MN-H20G Minneapolis, Minnesota 55402 Fax USBKUS44 192179 USB INTL MPS 612-303-7394 612-303-7395 612-303-5226 SWIFT: TELEX: Phone: 12/09/02 CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE PRIOR LAKE, MINNESOTA 55372-1715 RE: Standby Letter of Credit No. SLCMMSP01868 dated FEBRUARY 6, 2002 Applicant: HOLIDAY STATIONSTORES, INC. 4567 WEST 80TH STREET MINNEAPOLIS, MINNESOTA 55437 This notice serves to inform you that we will not be renewing the above-mentioned letter of credit for any additional period. Therefore, it will expire on FEBRUARY 2, 2003 according to its terms. Should you have any questions regarding this matter, please feel free to contact us at the phone numbers listed above. Page 1 of 1 Mark BiIIstrom From: To: Sent: Subject: Steve, "Mark Billstrom" <mbillstrom@ebertconst.com> <shorsman@cityofpriorlake.com> Wednesday, December 18, 2002 6:52 AM Fw: Letter of Credit for Prior Lake Following is the L.O.C. info. that I sent to the owner last week. Thanks, Mark G. Billstrom Ebert, Inc. 23350 County Road 10 Corcoran / Loretto, MN 55357 (763) 498 7844 ext 23 (763) 498 9951 faes. (800) 627 1669 ext 23 mbillstrom@ebertc.onst.!}nm - Original Message - From: Mark Billstrom To: Joe Francis Sent: Friday,December 13i~on2 S.18 ".~ Subject: Letter of Credit for Prior Lake Joe, I gave Dan a note on this at the site yesterday. As part of Cert of Occupancy, City of P .L. is requiring a letter of credit from your financing institution for the sod and sprinkler. They say it must be "value + 25%". This is per Steve Horsman - Building Inspector (952 447 9854). It should go to City Planning Dept The value, excluding work completed, is $18,273. Thanks. Mark G. Billstrom Ebert, Inc. 23350 County Road 10 Corcoran / Loretto, MN 55357 (763) 498 7844 ext 23 (763) 498 9951 faes. (800) 627 1669 ext 23 mbillstrom@ebertconst.com " 12/18/2002 arlNK W~ST MEMBER FDIC 783-477-5231 783-882-8555 783-498-7537 5921 MAIN STREET PO BOX 219 ROCKFORD. MN 55373 FAX 763-477-5232 311 10TH AVENUE SOUTH PO 80X 546 11000 RIVER ROAD NE PO BOX 280 BUFFALO. MN 55313 FAX 763-477-7450 HANOVER, MN 55341 FAX 783-477-7433 IRREVOCABLE LETTER OF CREDIT NO. 07-02 Dated: December 13, 2002 To: City of Prior Lake Planning Department Attention: Cindy Kerchoff 16200 Eagle Creek Ave SE Prior Lake, MN 55372-1714 Re: No. Am. Inc. / Holilake LLC, 4460 Fountain Hills Drive, Prior Lake, MN 55372 (Lot 2 Block 1 Fountain Hills Addition) We hereby issue, for the account of No. Am. Inc. / Holilake LLC and in your favor, our Irrevocable Letter of Credit in the amount of Twenty Two Thousand Eight Hundred Forty One and 25/1 00 ($22,841.25), available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. 07-02, dated December 13, 2002 of BANK WEST." b) Be signed by the Mayor or City Manager of the City of Prior Lake. c) Be presented for payment at BANK'VEST, 5921 Main Street, P.O. Box 219, Rockford, MN 55373, on or before 4:00 p.m. on December 31, 2003. However, unless we elect not to extend this Credit, it will be automatically extended for (1) one year. 5821 MAIN STREET .JEAN CARLBERG LOAN ASSIST ANT ROCKFORD, MN 55373 (763) 477-5231 FAX (763) 477-5232 Jeanc@bankwestmn.com arlNK W~ST MEMBER FDIC 783-477-5231 763-682-9555 763-498-7537 PO BOX 219 ROCKFORD. MN 55373 FAX 763-477-5232 PO BOX 546 11000 RIVER ROAD NE PO BOX 280 5921 MAIN STREET 311 10TH AVENUE SOUTH 8UFFALO. MN 55313 FAX 763.477-7450 HANOVER. MN 55341 FAX 783-477-7433 City of Prior Lake Page 2 This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under in compliance with this Letter of Credit shall be duly honored upon presentation. Date: b.vVO-t..Ji,V' /"$ f2 ()cJ:L- f'LE COpy August 27, 2002 Greg Ebert Ebert Construction 23350 County Road 10 Co rcoran/Loretto, MN 55357 RE: Holiday Station Dear Mr. Ebert: The City of Prior Lake has reviewed your request to amend the approved Holiday Station CUP plan to allow an LP tank. The staff has approved this amendment. Attached is an approved copy of the site plan and landscaping plan. The LP tank must be constructed as shown on these plans. If you have any questions, please contact me directly at 952-447-9810. Sincerely, Q.~ ~KanSier. AICP Planning Coordinator Enclosure cc: DRC Members 1:\OOfiles\OOcup\OO-072\lp approvalletter.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Fax to: 'oel Gell, Holiday Companies, 'lx:952-830-1618 Feb 4, 2002 From: Jim Eggen, PLSLWD, 952 441 4166, fax: 952-441-4167 Cc by fax to: . Jane KanSler, City of PL 952-447-4245 Robert Mueller, Insight, fax763-416-4939 Subject: Holiday" 02.03, Review CDmments I Questions A. Initial review of permit application received 1/18/02 by PL.SLWO staff resulted in the fOllowing questions and comments, In no particular o",,~r. With these outstanding questions and Issues, the application Is Incomplete and Inadequate. 1. Hook the ends of the silt fencing such that It may exert better sed control at ends, such as at main entrance. 2. Landowner list, as required by B 6. 3. It Is our understanding that RO from the developed site will be accommodated In two existing ponds (one south of Fountain hills Dr and one north of Co Rd 42). If this IS the case, confirm It In the application package. 4. Other required permits or status thereof, 816. S. Address BMP of C 2 e regarding roof gutters to pervious surfaces, (also see D 5 K). 6. Include a narrative as required by O. 3. I (I end ii) regarding what BMPs are proposed, are not feasible, etc. State the reasons why Individual e.MPs are proposed, cannot be used, are not feasible or are not applicable. 7. We suggest you show a detail for noatables control on sfte, to retain trash on-site at the cateh basins. 8. Address e 4 c and E 4 d. End of comments and Questions. B. Preliminary notes for "findings": Curve Number (61), OK for existing llre.s. Curve numbers used tor proposed areas 1 - 8 are OK. Proposed ItO IS Increased from this Individual site but that is apparently ok since all RO 15 to I!Xlstlng pondS constructed for this and other RO in Fountain Hills. Rock construction entrance is OK. There is only one. Slit fence detail IS OK. Shows keyingi" the soil a depth of 6 Inches. Check bales shown at catch basins - OK. Rain fall events used In cales are within reason (eg 6.00 Inches for 100yr 24 hr). Flood ptain, wetland and drainage alteration Rules and the buffer strip Rule are not applicable. Hollday02.03 l/l'd 8E09'oN 03HS ~31~M lS ld ~dOO:2 2002 'v 'qaj Jane Kansier From: Sent: To: Cc: Subject: Jane Kansier Thursday, January 31,20023:47 PM Paul Baumgartner; Nathan Briese; Sue McDermott; Ralph Teschner Bob Hutchins RE: Holiday Station Store Permit No additional fees will be required, but we will need a LOC for the landscaping. I have called Joel Giel to let him know of this requirement. Please let me know if you have questions. -----Original Message----- From: Paul Baumgartner Sent: Thursday, January 31, 2002 3:04 PM To: Nathan Briese; Jane Kansier; Sue McDermott; Ralph Teschner Cc: Bob Hutchins Subject: Holiday Station Store Permit I would like to calculate the final building permit fee amount so Joel Giel can get a check ready. Please let me know if you have or have not any fees you want listed on the building permit application. Let me know as soon as possible 1 Jane Kansier From: Sent: To: Subject: Jane Kansier Thursday, January 31,200212:55 PM Bob Hutchins Holiday Station - Pike Lake Trail For your information: I called Joel Geil today (Thursday, January 31,2002) to remind him of the deadline for issuance of the building permit. Although I did not speak with him directly, I did leave a voice mail advising him to submit all required information so the permit could be issued by February 5, 2002. Please let me know if you have any questions. Thanks. Jane Kansier, Planning Coordinator City of Prior Lake 1 Jane Kansier From: Sent: To: Cc: Subject: Jane Kansier Wednesday, January 23, 2002 9:51 AM Paul Baumgartner Bob Hutchins; Steve Horsman Holiday Station Please see the attached memo. Jane Kansier, Planning Coordinator City of Prior Lake ~ permit memo. doc 1 TO: FROM: DATE: RE: CC: Paul Baumgartner, Plans Inspector Jane Kansier, Planning COOrdinato~ January 23, 2002 Holiday Station - Pike Lake Trail Bob Hutchins, Building Official Steve Horsman, Zoning Administrator I have completed my review of the Holiday Station permit application. Before the Planning Department will sign off on this permit, the following information must be submitted: 1. Proof of recording of the resolution approving the conditional use permit. 2. An assent form signed by the applicant. The building permit for this use must be issued by February 5, 2002, or the conditional use permit will be null and void. Please let me know if you have any questions about this matter. l:\OOfiles\OOcup\OO-072\permit memo.doc [~r STATIONSTORES Ms, Jane Kansier City of Prior Lake 16200 Eagle Creek Ave. S.E, Prior Lake, Mn 55372-1714 Ii '...11.$ G t.s u ~ LS ,.11))1 II "I' llllil 1[:'\ I JIM - 8 m I ;11 HOLIDAY STATIONSTORES "i, \: Il; 4567 West 80th Street, Bloomington, MN 55437 (952) 8 jJJ..;oo January 7, 2002 RE: Holiday Stationstore in Prior Lake, Mn County Road 42 and Pike Lake Road Dear Ms. Kansier; I have enclosed for your review (2) sets of complete construction plans, Envelope Compliance Report, access easement agreement and (2) lawn irrigation plans for the above location. I have also sent the same information to Paul Baumgartner for his review, If during your review that you should have any questions or comments, please feel free to contact me 952-830-8884 Respectfully, Holiday Companies r ~v"gJ Joel D. Geil Project Manager/Construction Supervisor "..!. 'r.." .,'_c .....:.:..__.,.... '-'-."".'C~ ."'-',_..~...-'''' ~~'~.,,_.~"","._,:"'..........- .. .. , FilE COpy November 13, 2001 Lyndale Terminal Co. Attention: Victor J. Sacco 4567 West 80th Street Bloomington, MN 55437 RE: Conditional Use Permit for Holiday Station Store in Fountain Hills Addition Dear Mr. Sacco: As you know, on February 5, 2001, the Prior Lake City Council adopted Resolution #01-11 approving the conditional use permit for construction of a Holiday Station Store on Lot 2, Block 1i, Fountain Hills Addition. This approval is subject to the following conditions: 1. The site plan must be revised to provide the minimum number of parking spaces. 2. An access easement for the shared driveway must be submitted. 3. An irrigation plan must be provided as part of the landscaping plan. 4. Drainage and surfacing plans for the car wash must be submitted for review and approval by the City Engineer. 5. Outside Storage and Display: No outside sale or display shall be permitted except gasoline and other goods consumed in the normal operation of a car and limited to the following products: oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries. No products shall be sold or displayed in any required yard nor shall the total display area occupy more than 150 square feet in area or be more than 5 feet in height. No other vehicular parts and non-automobile oriented goods shall be displayed or sold outside. 6. Public Address System: No public address system shall be audible from any property located in an "R" Use District. . 1:\OOfiles\OOcup\OO-072\reminder2.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ... .. ~ 7. Operation of Car Wash: The car wash will not operate after 10 p.m. or before 6 a.m. unless the doors to the bay remain closed to prevent noise impacts to the surrounding residential neighborhoods. The City of Prior Lake Zoning Ordinance requires that a building permit for the proposed use be issued within one year of the date of approval of the Conditional Use Permit, or in this case, by February 5, 2002. Failure to meet this deadline will render the CUP null and void. If you intend to meet this deadline, you must satisfy the first three conditions listed above. Please submit at least two full sets of revised plans meeting these conditions. Once we have approved your plans, we will send you a certified copy of the resolution to be recorded, as well as a copy of the approved plans. No building or grading permits will be issued until this resolution is recorded. You should also be aware that processing a building permit would take at least 2-3 weeks. Thank you for your prompt attention to this matter. If you have any questions, please contact me directly at 952-447-9810. Sincerely, ~C.~ Wne Kansier, AICP Planning Coordinator cc: ORC Members 1:\OOfiles\OOcup\OO-072\reminder2.doc Page 2 FILE COpy September 7,2001 Lyndale Terminal Co. Attention: Victor J. Sacco 4567 West 80th Street Bloomington, MN 55437 RE: Conditional Use Permit for Holiday Station Store in Fountain Hills Addition Dear Mr. Sacco: As you know, on February 5, 2001, the Prior Lake City Council adopted Resolution #01-11 approving the conditional use permit for construction of a Holiday Station Store on Lot 2, Block 1, Fountain Hills Addition. This approval is subject to the following conditions: 1. The site plan must be revised to provide the minimum number of parking spaces. 2. An access easement for the shared driveway must be submitted. 3. An irrigation plan must be provided as part of the landscaping plan. 4. Drainage and surfacing plans for the car wash must be submitted for review and approval by the City Engineer. 5. Outside Storage and Display: No outside sale or display shall be permitted except gasoline and other goods consumed in the normal operation of a car and limited to the following products: oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries. No products shall be sold or displayed in any required yard nor shall the total display area occupy more than 150 square feet in area or be more than 5 feet in height. No other vehicular parts and non-automobile oriented goods shall be displayed or sold outside. 6. Public Address System: No public address system shall be audible from any property located in an "R" Use District. 1:\OOfiles\OOcup\OO-072\reminder.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . 7. Operation of Car Wash: The car wash will not operate after 10 p.m. or before 6 a.m. unless the doors to the bay remain closed to prevent noise impacts to the surrounding residential neighborhoods. The City of Prior Lake Zoning Ordinance requires that a building permit for the proposed use be issued within one year of the date of approval of the Conditional Use Permit, or in this case, by February 5,2002. Failure to meet this deadline will render the CUP null and void. If you intend to meet this deadline, you must satisfy the first three conditions listed above. Please submit at least two full sets of revised plans meeting these conditions. Once we have approved your plans, we will send you a certified copy of the resolution to be recorded, as well as a copy of the approved plans. No building or grading permits will be issued until this resolution is recorded. Thank you for your prompt attention to this matter. If you have any questions, please contact me directly at 952-447-9810. Sincerely, ~ Q, I!~ (Jane Kansier, AI~~ Planning Coordinator cc: ORC Members 1:\OOfiles\OOcup\OO-072\reminder.doc Page 2 February 13, 2001 Lyndale Terminal Co. Attention: Victor J. Sacco 4567 West 80th Street Bloomington, MN 55437 RE: Conditional Use Permit for Holiday Station Store in Fountain Hills Addition Dear Mr. Sacco: On February 5, 2001, the Prior Lake City Council adopted Resolution #01-11 approving the conditional use permit for construction of a Holiday Station Store on Lot 2, Block 1, Fountain Hills Addition. This approval is subject to the following conditions: 1. The site plan must be revised to provide the minimum number of parking spaces. 2. An access easement for the shared driveway must be submitted. 3. An irrigation plan must be provided as part of the landscaping plan. 4. Drainage and surfacing plans for the car wash must be submitted for review and approval by the City Engineer. 5. Outside Storage and Display: No outside sale or display shall be permitted except gasoline and other goods consumed in the normal operation of a car and limited to the following products: oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries. No products shall be sold or displayed in any required yard nor shall the total display area occupy more than 150 square feet in area or be more than 5 feet in height. No other vehicular parts and non-automobile oriented goods shall be displayed or sold outside. 6. PublicAddress System: No public address system shall be audible from any property located in an "R" Use District. 1:\OOfiles\OOcup\OO-072\approval.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 7. Operation of Car Wash: The car wash will not operate after 10 p.m. or before 6 a.m. unless the doors to the bay remain closed to prevent noise impacts to the surrounding residential neighborhoods. Before this approval is effective, you must satisfy the first three conditions. Please submit at least two full sets of revised plans meeting these conditions. Once we have approved your plans, we will send you a certified copy of the resolution to be recorded, as well as a copy of the approved plans. No building or grading permits will be issued until this resolution is recorded. Thank you for your prompt attention to this matter. If you have any questions, please contact me directly at 952-447-9810. sincereIYd.. ~ ~anSier, AICP 4~~:n~~ Coordinator cc: ORC Members 1:\OOfiles\OOcup\OO-072\approval.doc Page 2 ----- , , FILE COpy January 31,2001 Lyndale Terminal Co. Attention: Victor J. Sacco 4567 West 80th Street Bloomington, MN 55437 RE: City Council Agenda and Agenda Report Dear Mr. Sacco: Enclosed is a copy of the City Council Agenda and Agenda Report for the February 5, 2001, City Council meeting. If you have questions, please contact me at the Planning Department at 952-447-9810. Sincerely, Q,~ ~nSier. AICP ~;~n~~ Coordinator Enclosure 1:\OOfiles\OOcup\OQ-072\a.genda letter. doc Page 1 16200 Eagle Creek Ave. 5.1::., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER January 10, 2001 Holiday Companies 4567 West 80th Street Bloomington, MN 55437 Attn: Victor J. Sacco RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the January 16, 2001 Planning Commission meeting. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. If you have any questions, please contact me at 447-4230. Sincerely, 6v1wM Connie Carlson Planning Dept. Secretary Enclosure I:\deptwork\blankfrm\meetltr.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .. t CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 Number of pages including cover sheet: B- l~~I~~OD Date: To: V rwiL ~ =WW1~ ~ \ phone'~ 2: ~ _ "ax oho ~:;Q. I) 10 - CC: From: Connie Carlson City of Prior Lake Phone: (612)447-9810 Fax phone: (612)447-4245 REMARKS: 0 Urgent o For your review 0 Reply ASAP 0 Please comment 1, v~/ Aw ISR~1ruoM {R~~ . ,~\AJv~ ~ fk I~ll 0)) ..T~v~ ~~Cvr . Cwa ~ ~O\\..~ {iAr ~i\Q{)-hM, ~ CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 Date: /2- 7-[1) Number of pages including cover sheet: ~ From: Connie Carlson . City of Prior Lake Phone: Fax phone: CC: cfJ[)- It:; 7 g'/ Phone: Fax phone: (612)447-9810 (612)447-4245 REMARKS: o Urgent o For your review 0 Reply ASAP o Please comment t~dua~1~.~ f~~ /lefM' I: /11~ ~ ~ 'Y-- ~f {)0 WW, \ {!Ml i1 ~ /A1w-e 9 r&J~ December 7, 2000 Holiday Companies 4567 West 80th Street Bloomington, MN 55437 Attn: Victor J. Sacco RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the December 11, 2000 Planning Commission meeting. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. If you have any questions, please contact me at 447- 4230. Sincerely, rEi~s~ Planning Dept. Secretary Enclosure I:\deptwork\blankfrm\meetltr.doc . 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Minnesota Department of Natural Resources Metro Waters 1200 Warner Road,St. Paul, Mn 55106 Phone: 65L772.7010 Fax: 65L772.7977 November 20, 2000 Jane Kansier, DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Ii ,\ \ /"U.\ LU L ~ 21.JM1 RE: FOUNTAIN HILLS HOLIDAY STATION CUP, PRIOR LAKE, SCOTT COUNTY Dear Ms. Kansier: I have reviewed the site plans for the proposed Fountain Hills Holiday Station. There are no floodplain or direct wetland issues ofDNR concern. My only concern associated with the project is with the destination of fuel polluted storm water runoff. In the plans, the east half of the lot is where gas will be pumped into underground storage tanks and into customer's vehicles. Spilled fuel will runoff to the eastern side of the lot, and be carried via storm sewer directly to the regional pond NW of your lot (across CSAH 42). Please consider pretreating this potential runoffbefore it reaches the regional pond, wetland and chain of lakes that the pond outlets to. ' Thank you for the opportunity to review and comment on this matter. If you have any questions please call me or Mark Stone at (651) 772-7910. ~...' rely, \( ~"'- Patrick J. Lynch ill Area Hydrologist PJUMS DNR Information: 651-296-6157 · 1-888-646-6367 · TTY: 651-296-5484 · 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity {' Printed on Recycled Paper Containing a .., Minimum of 10% Post-Consumer Waste <' ~ Jane Kansier .. From: Sent: To: Cc: Subject: Jane Kansier Monday, November 20, 20004:25 PM Legal Dept. Prior Lake American (E-mail) Connie Carlson Legal Notices Please publish the attached notice in the Prior Lake American on November 25, 2000. Please let me know when you receive this e-mail, either by return e-mail or by telephone at 447-9810. Thank you. Please let me know if you have any questions. OO.072PN.doc j~ll{rJl .~ ~ .{ {}N~ /0--0 ll-'JA ,t (uJ'/ C~ 1 11/20/2000 MON 14:32 FAX 6124968365 SCOTT CTY. PUBLIC WORKS ~001 ". Scott County Public Works Highway and Surveyor 600 Country Trail East lordan.~ 55352 Date: 1/-.2..0- 00 Number of pages (including cover sheet) " To: ~K~~ From: Company: (1,;;1-1 ~ p~ L.J...- Company: Scott County Deparunent: Department: Phone: 44-7 - 'lit;1.- Phone: (612) 496-8346 Fax phone: 4- <I-- 7 - J./ .:1- t../-.s- Fax phone: (612) 496-8365 c: E-Mail: REMARKS: 0 Urgent 0 For your review 0 Reply ASAP 0 Please comment 0 As requested Cj~- ~a..uJ~~ .J d.fl-u tJ-?V:;t:;Jr.v ;;:{ / - (Y~~iJ ~ ~ ~'.s ~..., ~ ruJ.- '+' J1HJ-'~ yn~. J~ w:\word\fonn\fax\newfa.x.doc / DATE: November 17, 2000 TO: Sue McDermott, City Engineer FROM: Lani Leichty, Water Resources Coordinator RE: Holiday Station (Project #47-00) The Engineering Department has reviewed the preliminary plans for the subject project and we have the following comments: 1. Utility Plan - SP 3: Show a storm sewer pipe connection to the existing catch basin on Fountain Hills. 2, Utility Plan - SP 3: Add a note to the above sheet stating that the connection to the existing storm manhole needs to be made with a concrete saw and repaired with non-shrink grout. 3. Utility Plan - SP 3: Show a detail of the car wash floor drain pit. 4. Utility Plan - SP 3: The City's requirement for 6" and 8" DIP is Class 52. 5, Utility Plan - SP 4: Show where the silt fence will be located on the grading plan, 6. Utility Plan - SP 4: Where slopes are greater than 3: 1, a retaining wall will be required, A retaining wall will be needed around the storm sewer outlet on the north side of the property, unless a 3:1 slope can be obtained. 7. Utility Plan - SP 4: Extend the 12" storm sewer pipe so that the apron invert is within 2 feet vertical elevation of the existing culvert under C.R. 42. 8. Utility Plan - SP 4: Place a note on the page stating, "Slopes greater or equal to 3: 1 shall have an erosion control blanket installed immediately after finished grading. 9. Utility Plan - SP 4: The proposed contours on the east side of the property need to be tied into the existing contours properly. G:\PROJECTS\2000\47holiday\REVIEWl.DOC 11/20/2000 MON 14:32 FAX 6124968365 SCOTT CTY. PUBLIC WORKS ~002 .. .11:"",,'>,,':', ,.if,,,-:-., ,...:.. . ;~<::X~~~:~,:..~r/..:;,::~ "". . " ',' .:. ....,.........,:.., '" ," ..... . ,- ......". ; -. "... ....;: '.. SCOTT COUNTY PUBLIC WORKS DIVISION HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN. MN 55352-9339 (952) 496-8346 BRADLEY .J. LARSON PUBLIC WORKS DIRECTOR! COUNTY HIGHWAY ENGINEER Fax: (952) 496-8365 November 17,2000 Jane Kansier City of Prior Lake 16000 Eagle Creek Ave. SE Prior Lake, MN 55372 Re: CUP for a Gas Station CSAH 42 and Pike Lake Trail Dear Ms, Kansier: We have reviewed the Conditional Use Permit as it relates to Highway Department issues and offer the following comments or concerns: . No benning, landscaping, signage, or ponding will be allowed within the County right-of- way, . Any grading or utility work required within the right-of-way will require a permit prior to the work commencing. Thank you for the opportunity to comment. Please contact us if you have any questions or need additional information. Sincerely, W:\WORD\Review\PudCupZn\CU P\PIFouth icup.doc An Equal Opportunity/Safety Aware Employer r- . SCOTT COUNTY 11/)1/] @ & aWl ~ij PUBLIC WORKS DIVISION i./W./ 1fN 2 7 'Wtn lif;'!! HIGHWAY DEPARTMENT 11/\ \1 nw'! II 600 COUNTRY TRAIL EAST I d U L--_____.__ ...... .' )1 JORDAN, MN 55352-9339 L___________.______~_:~:~ (952) 496-8346 BRADLEY J. LARSON PUBLIC WORKS DIRECTOR! COUNTY HIGHWAY ENGINEER Fax: (952) 496-8365 November 17, 2000 Jane Kansier City of Prior Lake 16000 Eagle Creek Ave. SE Prior Lake, MN 55372 Re: CUP for a Gas Station CSAH 42 and Pike Lake Trail Dear Ms. Kansier: We have reviewed the Conditional Use Permit as it relates to Highway Department issues and offer the following comments or concerns: · No berming, landscaping, signage, or ponding will be allowed within the County right-of- way, . Any grading or utility work required within the right-of-way will require a permit prior to the work commencing. Thank you for the opportunity to comment. Please contact us if you have any questions or need additional information, Sincerely, W:\WORD\Review\PudCupZn\CU P\PIFouth icup.doc An Equal Opportunity/Safety Aware Employer FilE COpy November 13, 2000 Lyndale Terminal Co. Attention: Victor J. Sacco 4567 West 80th Street Bloomington, MN 55437 RE: City of Prior Lake Review for Application Completeness for Condi~ional Use Application for Holiday Station Store in Fountain Hills Addition Dear Mr. Sacco: On November 13, 2000, the City of Prior Lake determined all of the necessary submittals for the above application have been received. This letter serves as your official notification that the applications are now complete. The DRe will now begin formal review of these requests. At this time, you are tentatively scheduled for the December 11, 2000 Planning Commission meeting. I will notify you of any changes to that date. The City review process can be substantially less than 120 days, and we intend to move this matter through the process in a timely manner that provides a complete, professional review. Occasionally, however, due to meeting schedules, it is sometimes necessary to extend the 60-day review period. This letter also serves as your official notice that the City is extending the 60-day deadline for an additional 60 days from January 13, 2001 to March 13, 2001, If you have questions relative to the review process or related issues, please contact me directly at 952-447-9810. (~\ s;:,y (2 f::" ~ ,/1j '" ) ~ne Kansier, AI~r ' '<./~ ~ Planning Coordinator cc: DRC Members 1:\OOfiles\OOcup\OO-072\a.Qpcomp.doc Page 1 16200 Eagle Creek Ave. S.c., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Holiday Companies 4567 West 80th Street Bloomington, Minnesota 55437 Engineering Department 612/830-8886 FAX 612/830-1678 LETTER OF TRANSMITTAL TO: DATE: RE: 11/9/00 Holiday Stationsotre City of Prior Lake 16200 Eagle Creek Ave. S.E. Prior Lake, MN 55372 ATTN: Jane Kansier We are sending you: ~ Enclosure D Under Separate Cover Via The following items: D Copy of Letter D Prints ~ Plans D Specifications D Change Order DATE DATE COPIES DRAWN REVISED NO, DESCRIPTION 6 24x36 revised site plans 6 11 x17 revised site plan These are transmitted as checked: ~ For Review And Comment D Returned for Corrections D Returned With Corrections D For Bids Due D Prints to Be Returned After Bid Date D As Requested D Approved As Is D For Your Use D Approved As Noted 20 Remarks: We will send the Survey to you tomarrow. We have to get it from our surveyor. Thank ou, f'-.-'-:::-~--'- -:-.- Heather Scheidt 1d . // Signed /JI;tl !7fr (' - -- ~-=,--- .._-~._- /1\. d,.~ / . ,,--" ./ '--J /~~ ( Document1 Met110randtnn To: From: Date: Re: Doug Hartmann, PW Supervisor Jane Kansier, Planning Coordinator ~ 11/16/00 7)- Planning Signs Please post the following signs: . Conditional Use Permit, on the south side of CSAH 42, and on the west side of Pike Lake Trail, just north of Fountain Hills Drive.. Please place the sign behind the right-of-way ofCSAH 42 by Monday, November 27, 2000. (See Map) Thanks for your help. Please let me know if you have any questions. 4 Location of Proposed Holiday Station Q. Location Map Piau. 515" ),1 . N A 200 0 200400 Feet 1-- PLANNING REVIEW HOLIDAY STATION STORE FOUNTAIN HILLS ADDITION Based on the site plan received September 15, 2000, the following items must be revised: 1, The maximum driveway width is 3bteet at the right-of-way line. ~ apff1'WJ 2, The right-in only access from Pike Lake Trail will not be permitted. 3. Parking requirements are calculates as follows: 8 spaces + 1 space per 180 square feet of floor area for the convenience store = 38 spaces Only 25% of the required spaces (9) may be at the pumps. This plan shows 25 parking spaces, and several at the pumps. Four additional parking spaces, not at the pumps, must be provided. 4. The plan shows a shared access with the property to the south. An access easement must be provided for review and approval by the City Attorney. This list may change as more information is provided. Additional information will be required for review. This includes: : ~g/e~ Plans . Architectural Materials A. /I 1-, . 11 /.l # A ^SS ?,. k LII.Je.l- ~ . Lighting Plans -- ~1Vri(j.,)4 CQo-''-'"'' . Signage Plans . All requirements of Section 1107 of the Zoning Ordinance (attached) must be addressed. . The specific requirements for this use in the C-4 district (attached) must be addressed. The use requires a Conditional Use Permit. An application and checklist are attached for information. 1:\OOfiles\OOsubjec\holiday\planning review, doc . ' September 21, 2000 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER OO--DI~ FROM: ORe Members Jane Kansier. Planning Coordinator~ September 15, 2000 TO: DATE: RE: Fountain Hills Holiday Station Store Attached is a concept plan for a Holiday Station Store to be located in Fountain Hills Addition, at the intersection of Pike Lake Trail, Fountain Hills Drive and CSAH 42. We will be meeting with a representative of Holiday, Victor Sacco, on Thursday, September 21,2000 to discuss this plan. Please review the plan for any obvious problems, discrepancies, etc., so we can give Mr. Sacco an idea of whether or not he is on the right track. Thank you for your help. Let me know if you have any questions. Attachment l:\drc\distmemo\holiday store\drc memo.doc Holiday Companies 4567 West 80th Street Bloomington, Minnesota 55437 ''''""1 Engineering Department 612/830-8886 FAX 612/830-1678 TO: City of Prior Lake 16200 Eagle Creek Ave. S.E> Prior Lake, MN 55372 Jane Kansier DATE: RE: SEP I ~ 2000 ;UUL-. t 9/14/00 Holiday Stationstore lv'j LETTER OF TRANSMITTAL ATTN: We are sending you: [8J Enclosure 0 Under Separate Cover Via The following items: o Copy of Letter 0 Prints [8J Plans o Specifications o Change Order DATE DATE COPIES DRAWN REVISED NO. DESCRIPTION 6 sets of 24x36 plans 6 sets of 11 x17 plans These are transmitted as checked: [8J For Your Use 0 For Review And Comment o Approved As Noted 0 Returned for Corrections o Returned With Corrections 0 For Bids Due o Prints to Be Returned After Bid Date o As Requested o Approved As Is 20 Remarks: Signed Yid/P)/tw-- ( Document1 Miscellaneous L:\TEMPLA TE\FILEINFO.DOC CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST PROJECT NAME: FOUNTAIN HILLS HOLIDAY STATION - REVISED PLANS Revised plans for a Conditional Use Permit for a gas station/convenience store on the property described as Lot 2, Block 1, Fountain Hills Addition. APPLICANT: Lyndale Terminal Co (Holiday Stores) PROJECT ENGINEERS: Insites Bob Mueller 763-476-9573 CONTACT PERSON: Victor Sacco 830-8767 SITE INFORMATION PIO#: 25-363-002-0 LOCATION: This property is located on the south side of CSAH 42, in the northwest quadrant of the intersection of Pike Lake Trail and Fountain Hills Drive, EXISTING ZONING: C-4 (General Business) COMPREHENSIVE PLAN: C-CC PROJECT REQUEST: Review revised plans for required changes. DISTRIBUTE TO: APPLICATION FOR: . Frank Boyles . Bud Osmundson Administrative Land Division . Sue Walsh . Sue McDermott Comprehensive Plan Amend. . Ralph Teschner Jeff Evens . Conditional Use Permit . Chris Esser Lani Leichty Home Occupation . Bob Hutchins Rezoning . Don Rye Doug Hartman Site Plan Jane Kansier . Fire Chief Preliminary Plat . Bill O'Rourke PUD DNR - Pat Lynch Minnegasco Final Plat County Hwy. Dept. Watershed Dist. Variance MNDOT Telephone Co. Vacation SMDC Electric Co, Mediacom Cable Met. Council Date Received 1/8/01 Date Distributed 1/8/01 Date Due ASAP Complete Application 11/13/00 Date Distributed to 1/8/01 DRC Meeting 1/11/01 Date DRC Publication Date 11/25/00 Tentative PC Date 1/16/01 Tentative CC 2/5/01 Date 60 Day Review Date 1/13/01 Review Extension 3/13/01 1:\OOfiles\OOcup\OO-072\revised referral.doc Page 1 I have reviewed the attached proposed request (Fountain Hills Holidav Station) 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 v Building Code Erosion Control Other \I r{~ U;p:; Recommendation: / Approval Denial Comments: . . (1&r\s I-~ e>Af ;1!~ Conditional Approval fireD (~iu I ~JZe A~~LC. Signed: Date: Please return any comments AS SOON AS POSSIBLE, to Jane Kansier, DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9812 Fax: (612) 447-4245 1:\OOfiles\OOcup\OO-072\revised referral.doc Page 2 Holiday Station CUP Recommended Conditions of Approval 1. The site grading and drainage plans must be revised as outlined in the memorandums from the Engineering Department. 2. The plans must be revised to address the Building Code issues listed as items 1-5 in the attached memorandum from the Building Official. 3. The parking plan must provide the minimum parking spaces. 4. The driveway widths must be reduced to 36 feet. In addition, an access easement for the shared driveway must be submitted. 5. The landscaping plan must be revised to meet the Ordinance requirements. Also, an irrigation plan must be provided as part of the landscaping plan. 6. The signage plan must be revised so the signs do not exceed the maximum size. The site plan must also be more specific about the location of the freestanding sign. Signs must be located at least 10' from any lot line, and may not be located within the traffic visibility triangle. 7. The lighting plan must be revised to ensure the illumination does not exceed 1.0 footcandles at the property lines. 8. Drainage and surfacing plans for the car wash must be submitted for review and approval by the City Engineer. All of the above conditions must be met prior to review by the City Council. In addition, the following conditions should be attached to the permit as ongoing conditions of the operation of this business: 9. No outside sale or display shall be permitted except gasoline and other goods consumed in the normal operation of a car and limited to the following products: oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries. No products shall be sold or displayed in any required yard nor shall the total display area occupy more than 150 square feet in area or be more than 5 feet in height. No other vehicular parts and non-automobile oriented goods shall be displayed or sold outside. 10. No public address system shall be audible from any property located in an "R" Use District. CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST PROJECT NAME: FOUNTAIN HILLS HOLIDAY STATION An application for a Conditional Use Permit for a gas station/convenience store on the property described as Lot 2, Block 1, Fountain Hills Addition. APPLICANT: Lyndale Terminal Co (Holiday Stores) PROJECT ENGINEERS: Insites Bob Mueller 763-476-9573 CONTACT PERSON: Victor Sacco 830-8767 SITE INFORMATION PID#: LOCATION: This property is located on the south side of CSAH 42, in the northwest quadrant of the intersection of Pike Lake Trail and Fountain Hills Drive. EXISTING ZONING: C-4 (General Business) COMPREHENSIVE PLAN: C-CC PROJECT REQUEST: Review application for required changes, 1 DISTRIBUTE TO: 101 APPLICATION FOR: I . Frank Boyles . Bud Osmundson Administrative Land Division . Sue Walsh . Sue McDermott Comprehensive Plan Amend. . Ralph Teschner Jeff Evens . Conditional Use Permit . Chris Esser Lani Leichty Home Occupation . Bob Hutchins Rezoning . Don Rye Doug Hartman Site Plan Jane Kansier . Fire Chief Preliminary Plat . Bill O'Rourke PUD . DNR - Pat Lynch . Minnegasco Final Plat . County Hwy, Dept. . Watershed Dist. Variance MNDOT . Telephone Co. Vacation SMDC . Electric Co, . Mediacom Cable Met. Council Date Received 11/7/00 Date Distributed 11/8/00 Date Due 11/21/00 Complete Application NA Date Distributed to 11/8/00 DRC Meeting 11/16/00 Date DRC Publication Date 11/25/00 Tentative PC Date 12/11/00 Tentative CC 1/8/01 Date 60 Day Review Date Review Extension I :\OOfiles\OOcup\OO-072\referral.doc Page 1 ~ I have reviewed the attached proposed request (Fountain Hills Holiday Station) 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 X Erosion Control Other Recommendation: Approval X Denial Conditional Approval CO"""U;n: 7'H6' FP~I1'Ie, A-~ l2.e.. ,u,.""",r f?G.I9I':J>. . Co~p SthwH .fOe.. e~/srINe; coJ'Jf>lT7ON'5:. t)o T: ~ ~=T ~c..T/J$t... FI6/..~ 5LE:I/14-""'O~H;'. ~N _ " _ ~ _ _ N ~_e FbU4 Pf!..oP6e.r-Y ~o 12... 7r:> ~e.~~/N4 IN I if . ,/low JlJ-i..,L. Ef:~"PN: ~t:::>/nDNS IIV t::.tA.I~Ner /;AU/:;----;:;TI"_tt eo~ A_ P6J>~ #/ ~a::;,lfl-noN o ':f.c..,~T 0 e\ vB wl!1 Y. ~...... B ~ ~(... ~,..r>VJ4 ~ ~.;t> "e()w. P$" SA W ~\)TT1 N_ _c !4t...ofll&, _c,)_~'N. Hlf..L.$. )'/0 C.e:"i>INe. ~1I1'kA- g6 t>ol'i 6 ON ~It..~ Ol!.. &61'W _~ nf9.Jl,........ ct:'i2-9 . ~ tA,.I ~J(..,r P'lEHc..6 ~De4'9- T}(!)'J..). D1'1 Pc,1'9 f\.J ~ Comments: -:?.p4- Signed: A'~4 I~ Al66b~ tP~ tA;J9.~fZ. ~7V8.1ll,.t,... \J ~ '1'1 7H'6 S.~T Fbfl... $71-'&. ~~1~r;6 IN~mu-a> OrJ ~e ~ l-oT. .. ~ ___ Date: /1- Z,! - (;) 0 / 7P_~ Please return any comments by Tuesday. November 21.2000, to Jane Kansier, ORC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9812 Fax: (612) 447-4245 1:\OOfiles\OOcup\OO-072\referral.doc Page 2 Memorandum DATE: November 20,2000 TO: Jane Kansier, Planner ~~ FROM: Robert D. Hutchins, Building Official RE: Holiday Station 140xx Pike Lake Trail Following are the results of the preliminary plan review for the Holiday Station. Our review was based on the Minnesota State Building Code (MSBC) which adopted with amendments the 1997 Uniform Building Code (UBC) with handicap regulations of the Minnesota Accessibility Code Chapter 1341. Also requirements of the 1998 Minnesota State Fire Code (MSFC) which adopted with amendments the 1997 Uniform Fire Code (UFC). Items 1 thru 5 need to be completed for the site review. 1. Complete a Building Code analysis. UBC Chapter 5. Include the following: a. Occupancy Classification. b. Type of Construction. c. Location on Property. d. Allowable Floor Area. e. Height and Number of stories. f. Exiting. 2. Provide a Post Indicator Valve (PlY) on sprinkler supply line into building. Locate a minimum distance away the height of the building. 3. Provide fire lanes for fire apparatus response. Signage to read :" No Parking Fire Lane by order of Fire Department". Indicate on a Site plan. Locate by Fire Hydrant and by Fire Department connection. UFC 1001.7.1. 4. Locate the Fire Department connection. Preferred location is on south side of car wash wall. Provide a Fire Hydrant within 150 feet of the Fire Department connection. 5. Sheet SPl: Canopy Dimension of 163' -0" appears incorrect. - .... 6. Submit signed architectural, structural, Certificate of Survey, HV AC, plumbing, fire alann, and sprinkler plans. May be submitted at a later date. 7. Submit a soils report. 8. Submit Energy Envelope Calculations. MN Energy Code 7670.0100 9. A S.A.C. determination must be completed by the Metropolitan Waste Control Commission. Contact Jody Edwards at 651.602.1113. 10. Provide calculation of required Attic ventilation. UBC 1505 11. Provide Engineered Roof Truss Drawings at Framing Inspection. 12. Provide a room finish, door, door hardware, and window schedule. 13. Submit the Structural Engineers requirements for Special Inspections UBC 1701.5. 14. Provide an attic access. UBC 1505.1 15. Provide detail of Attic draftstopping. UBC 708.3.1.2.2. 16. Provide HDCP Interior and Exterior signage details. MSBC 1341.0476. 17. Provide accessible drinking fountain cutsheet detail. MSBC 1305.1795 18. Provide a van accessible parking space. MSBC 1341.0403, Item E, Subitem 2. 19. Provide a HDCP ramp detail. 20. Provide emergency lighting and exit signs. UBC 1003.2.8 21. Provide a recycling space. MSBC 1300.4700. 22. Indicate Roofing materials. UBC Table 15-A 23. Ventilation for the building must meet UBC chapter 12. Provide 15 CFM of ventilation per occupant. 24. Sprinkler system shall be monitored by a remote station. MSFC 1003.3.1 25. Underground storage tanks require a separate permit. UFC Article 79. This is a preliminary review only. Other code items will be addressed when the final plans are submitted. The Cites Developmental Review Committee (DRC), which consists of representatives of Planning, Engineering, Parks, Finance, and Building Departments, must review the building plans. The DRC must approve the plans before a building permits can be issued. 2 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, December 11, 2000, at 6:30 p.m. or as soon as possible thereafter. The purpose of the public hearing is to consider the following application: APPLICANT: Lyndale Terminal Company (Holiday Station Stores) SUBJECT SITE: The property is located directly north of Fountain Hills Drive at the southwest quadrant of the intersection of CSAH 42 and Pike Lake Trail. LEGAL DESCRIPTION: Lot 2, Block 1, Fountain Hills Addition, REQUEST: The applicant is requesting a Conditional Use Permit to allow a gas station/convenience store and carwash. The property is zoned C-4 (General Business), Section 1102,1203 requires a conditional use permit for such proposed use within this zoning 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 NOVEMBER 25, 2000. I :\OOfiles\OOcup\OO-072\OO-072pn.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTI ) )ss STATE OF MINNESOTA) ~ ~ of the City of Prior Lak::.fiunty of Scott, Slale of Minnesota, being duly sworn, says on the ~ day of cO , 2000, she served thr, attached list of persons to have an interest in the ~ CLW --tiOO-Ol7.- , by mailing to em 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 ,2000. NOTARY PUBLIC L:\DEPTWORK\BLANKFRM\MAILAFFD.DOC 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, December 11, 2000, at 6:30 p.m. or as soon as possible thereafter. The purpose of the public hearing is to consider the following application: APPLICANT: Lyndale Terminal Company (Holiday Station Stores) SUBJECT SITE: The property is located directly north of Fountain Hills Drive at the southwest quadrant of the intersection of CSAH 42 and Pike Lake Trail. LEGAL DESCRIPTION: Lot 2, Block 1, Fountain Hills Addition, REQUEST: The applicant is requesting a Conditional Use Permit to allow a gas station/convenience store and carwash. The property is zoned C-4 (General Business). Section 1102,1203 requires a conditional use permit for such proposed use within this zoning 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 MAILED ON NOVEMBER 30, 2000. 1:\OOfiles\OOcup\OO-072\OO-072mn .doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER I ! II I I I , I I I I I . ) } .:.~=:/. , I I i I I i ---------J h j I ~. i @ I I I ~<'" I I I I I I I I I __J I ...... @ L__ , -~-='-I \ I i I , I \ \ \ \ \ \ \ \ \ ) I // I / ,/' " / . " I I . i ;//(j i " ; "',.....::::. ",,' I =--- ---~- -" o c Z -I )> Z I ;= r lJ) PIKE LAKE ROAD -------------------------~---------------I I I I I I I I I I I I~~~ ,;11__ .-1 ........ 1I ill! i Ii i Ii i Ii i Iii i ijii :i Ii i i i j;.ij iii IIi i Ii i j illlj i i Ii iiijli i I : I : I l I ! I II I Ii! 1111 II II I ! I I!,;II II~ j~1 I I I ~ ittll I I I! ;:;111 i ; II~ Il Ii I : I I~ I'I'! I ijil :1 I; I I! II I I!! il! I I ! ill I : I I I!l ! I ii' ! E i I~ & I i I' Iii I . ~ If I ~ I ~ Jj ~ ~ Ii ~ , ! · ~ .: I; J ~' I I i _I ~ ~ I I i i~1 ~I ; i I ji.:. i i~P I ~ i nq :il IH i II ~ II i ~ .;, I I J I ; iii Iii i ~ ~ ~! II i I; I ~ ~ i ~~ 11 j Iii Iii i I! ! I a! I..~ i P I ~ I i Ie II III .~ ~ ~ ;~ ~ ~ i ~! ~i i i ! I I I~ I I I i J I I ,iI Jill i ~ i I I . ~ i II A . ; i; i I i~ Iii : iI I '~I , ~ ~p. I I I, t I Ii ~III r ~ f't1l:h SIt Plan ~ I I 111:!1 e {Q · i i !hl1l ~ ! 1 ull ~~-- ~:=~~01 ,------,2' , Inl.llll~ ;II!~. J~ltl STATION STORE II 1I1111 COlIflY ROAD 142 I,~ PFIORLAKE, L'HES()TA nil i I 1111 HI dlj .... ~~~~ Inl \) o ;:0 o -l'> N f,I - ~ Ii ill" 1111&1; ~i~i Ii ~I; ! H: II Ii' gJ a Iii ~ Ii II~ Illl I Ji I I II , 1111'1 I I~ Iii ~I ~II !!il!; 'I; I ,; I; I!; ;I! II I;; ~I I~ I ~II ;IPlI1a ~ I d. ~ ~. !I i · i~i i I:l;i I I !I~ :: II gil ; ;In I ql I a ~ W pf!l~ ~'r ~ ATTACHMENT #5 FIRST AMERICAN TITLE INSURANCE COMPANY Request for Zoning Purposes STATE OF MINNESOTA } } COUNTY OF Scott } FIRST AMERICAN TITLE INSURANCE COMPANY hereby certifies that the following exhibits consisting of entries Numbered 1 to 9 constitute a true and complete report of the apparent ownership of each of the described premises, which include all parcels situate within 350 feet of any part of the premises described below: Lot 2, Block 1, Fountain Hills Addition. OWNER: Wensco Inc. PIDNo.253630020 Dated this 1st day of November, 2000 at 8:00 A.M. FIRST AME7a:;::URANCE CO. BYJ4.!.i1.- ' Authorized Signature .~ 1. Wensco Inc. are the owners of PID No. 253630010 Property Address: 4400 Fountain Hills Dr. NE, Prior Lake, MN 55372 Taxpayer: Wensco Inc. Address: 1895 Playa Dr., Suite 220, Eagan, MN 55122 2. Wensco Inc. are the owners of PIDNo.253630030 Property Address: None Available Taxpayer: Wensco Inc. Address: 1895 Playa Dr., Suite 220, Eagan, MN 55122 3. Wensco Inc. are the owners of PIDNo.253630040 Property Address: 14200 Fountain Ct. NE, Prior Lake, MN 55372 Taxpayer: Wensco Inc. Address: 1895 Playa Dr., Suite 220, Eagan, MN 55122 4. Wensco Inc. are the owners of PIDNo.253630050 Property Address: 14101 Fountain Hills Ct. NE, Prior Lake, MN 55372 Taxpayer: Wensco Inc. Address: 1895 Playa Dr., Suite 220, Eagan, MN 55122 5. Larry D. Lundmark is the owner of PIDNo.250820010 Property Address: 4520 Embassy Cir. NE, Prior Lake, MN 55372 Taxpayer: Larry D. Lundmark Address: 4520 Embassy Cir. NE, Prior Lake, MN 55372 6. Kevin P. and Barbara A. Lilland are the owners of PIDNo.250820020 Property Address: 4560 Embassy Cir. NE, Prior Lake, MN 55372 Taxpayer: Kevin P. and Barbara A. Lilland Address: 4560 Embassy Cir. NE, Prior Lake, MN 55372 7. Holy Cross Lutheran Church are the owners of PIDNo.259260030 Property Address: None Available Taxpayer: Holy Cross Lutheran Church Address: 14085 Pike Lake Trail NE, Prior Lake, MN 55372 ~ 8. G W Beneke is the owner of PIDNo.259230020 Property Address: None Available Taxpayer: G W Beneke Address: 2030 E. Idaho, St. Paul, MN 55119 9. Michael B. Vierling is the owner of PID No. 259230012 Property Address: 13985 Pike Lake Trail NE, Prior Lake, MN 55372 Taxpayer: Michael B. Vierling Address: 13985 Pike Lake Trail, Prior Lake, MN 55372 ....~ RON) _.....J!.. ------ -....... fI! I o ~ ... )0 III j ... ~ !:l ~ UI ~ ~ )> " 0 fJl '~ n::JCj O>tl:I i~i 1~(3 z:<l , ;i ~n' en tTl : 61 "" ' E~I ~'" f:J Z' ~ N I I en 'C') o :=0 0-' o~ c: 0 :s.... ~'lJ . ... i: ~. :r r- :s DJ CD~ fnCD & en m o . I\) en -I . " ~ ~ crt' <.Z' ;0" . 1':"., 'f"" I\)lI 1\)., C. <'.r ~~(') ~ (/) 0 hi (') ~ .. 0 tTl ~1 tl \: 641.7 1: . =~ .. w o~ i )".:!:! . ~ :;' .w :1 c: " . '" .. a . - . i. 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