Loading...
HomeMy WebLinkAbout97-26 RESOLUTION 97-26 APPROVING A CONDITIONAL USE PERMIT TO CONDUCT "PERSONAL AND PROFESSIONAL SERVICES" AT LEMKE PROFESSIONAL BUILDING ON PROPERTY LOCATED IN THE B-3 GENERAL BUSINESS ZONING DISTRICT (5116 GATEWAY STREET) MOTION BY: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Kedrowski SECOND BY: Greenfield the Prior Lake Planning Commission conducted a public hearing on March 24, 1997, to consider an application from Paul Lemke for a Conditional Use Permit (CUP) for Lemke Chiropractic and Lemke Professional Building and the City Council heard the case on April 7, 1997; and notice of the public hearing on said CUP has been duly published In accordance with the applicable Prior Lake Ordinances; and the Planning Commission proceeded to hear all persons interested in this issue and persons interested were afforded the opportunity to present their views and objections related to the CUP of Lemke Professional Building and Lemke Chiropractic; and the Planning Commission and City Council find the proposed use consistent with the Year 2010 Comprehensive Plan; and the Planning Commission and City Council find the CUP of Lemke Professional Building and Lemke Chiropractic in harmony with both existing and proposed development in the area surrounding the project; and the Planning Commission and City Council find the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP of meets the criteria for approval of CUP is contained in Section 7-5 C 1-6 of the Zoning Ordinance and Section 3 of the City Code. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: that it approve the CUP for Lemke Professional Building for property located at: 5116 Gateway Street, legally described in attached Exhibit A; r:\council\r~soluti\planres\rs9726cc.doc Pj~ L 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~ -q.41-4245 AN EQUAL OPPORTUNITY EMPLOYER Subject to the following: 1. The applicant must submit a revised landscape plan indicating improvements to be made that meet all criteria of the landscape ordinance (Section 6.10, including an irrigation plan) as indicated in report including screening of parking along Gateway Street with multiple elements (not just a plantings). 2. The applicant must submit a lighting plan that meets City Code lighting standards and is approved by the Planning Department. 3. The applicant must submit a utility plan indicating location and hook-up of utilities (sewer and water) and storm sewer and run-off directions. The applicant will be responsible for disconnection of hook-ups not used on the site, upon construction of building. 4. The applicant must submit a grading plan with proposed contours and erosion control to be approved by City Engineer. 5. The applicant must submit a drainage plan implementing infiltration methods such as those identified in MPCA's Best Management Practices (infiltration trenches, swales, etc.) to be approved by City Engineer. 6. The applicant must submit a Topographical Survey that is at an engineering scale and signed by a registered land surveyor. 7. A permit will be required if a storm sewer pipe is outletted into the T.R. 13 right-of- way. 8. The improvements must be done before certified copies of the resolution are released for recording at the county. The applicant has 30 days to submit plans that are meet the requirements of the ordinance and conditions set forth in Resolution 97 -07PC (City Code Section 5-6-5B). The applicant has until one year from the date of adoption of Resolution 97-07PC to complete the required improvements and record the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). 9. A Permit Agreement for Private Use of Public Easements must be executed between the city and the applicant (Exhibit B). CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for Lemke Professional Building. The contents of Planning Case File #97-019 are hereby entered into and made a part of the public record and the record of the decision for this case. r: \council\resoluti\planres\rs9726cc.doc Page 2 Passed and adopted this 7th day of April, 1997. Andren Greenfield Kedrowski Mader Schenck {Seal} r: \council\resoluti\planres\rs9726cc.doc YES X X X X X Andren Greenfield Kedrowski Mader Schenck NO c Page 3 PERMIT AGREEMENT FOR PRIVATE USE OF PUBLIC EASEMENTS THIS AGREEMENT is made and entered into the ~ day of )1~ ' 1997, by and between the CITY OF PRIOR LAKE, Minnesota, a municipal corpo tion (hereinafter referred to as "City"), and Paul Lemke, (hereinafter referred to as "Owner"). RECITALS WHEREAS, Owner is the fee owner ofa tract of land in Scott County, Minnesota, located at 5116 Gateway Street, Prior Lake, and legally described as follows: That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter; thence East along the South line thereof a distance of 3 93.00 feet to a point hereinafter referred to as point A; thence North at right angles to said South line a distance of 173.00 feet; thence East parallel with said South line a distance of 717. 34 feet more or less to a point 200.00 feet West of the East line of said Southwest Quarter of the Southwest Quarter; thence Northerly and parallel with said East line a distance of 246.91 feet to the actual point of beginning of the tract of land to be described; thence continuing Northerly parallel with said East line a distance of 70.60 feet; thence deflecting to the left at an angle of 82 degrees 15 minutes 01 seconds a distance of 376.61 feet; thence Northwesterly along a line drawn at right angles from the Southeasterly right-o.fway line of State Trunk Highway No. 13 a distance of 143.62 feet to the Southeasterly right-o.fway line of said State Trunk Highway No. 13; thence Southwesterly along said right-o.fway line to its intersection with a line drawn North at right angles to the South line of said Southwest Quarter of the Southwest Quarter from the aforementioned point A,' thence South along said line to its intersection with a line drawn West parallel with said South line of Southwest Quarter of the Southwest Quarter from the actual point of beginning,' thence East along said parallel line to the actual point of beg inning. (hereinafter referred to as "Owner's Property"); and WHEREAS, the City is the owner of roadway and utility easement on Owner's property legally described as follows: A permanent easement for roadway and utility purposes over, under and across that part of the North 25.00 feet of the south 444. 91 feet of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota lying easterly of Jordan Avenue and westerly of the easterly 200.00 feet of said Southwest Quarter of the Southwest Quarter. WHEREAS, a portion of the parking lot serving Owner's Property encroaches on a portion of the easement within the Owner's property, as described on Exhibit A attached hereto (the encroached portion of the easement hereinafter referred to as the "Permit Property"); and WHEREAS, Owners have requested the City to authorize continued use of the Permit Property for parking lot/drive aisle/landscaping purposes; and WHEREAS, such continued use of the Permit Property is not inconsistent with current use of the easement by the City and the public; and WHEREAS, the City may in the future desire to use the Permit Property for other purposes which are not consistent with parking/drive aisle/landscaping use, and therefore the City intends to retain all of its right, title, and interest in the Permit Property. NOW THEREFORE, the parties agree as follows: 1. Permit. Owners shall be permitted to use the Permit Property for parking lot/drive aisle/landscape purposes at Owner's sole expense and risk, and with full knowledge the City may, upon notice as provided herein, require Owner's parking lot/drive aisle/landscaping to be removed from the Permit Property at any future date, at Owner's expense. The Permit Property must be kept open to public use at all times, and not fence or other obstruction may be placed on the Permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 2. Maintenance of Permit Property: Modification. Owner shall maintain the Permit Property in good condition at all times, at their sole cost and expense. If Owner fails to do so, the City may cause the necessary repair or maintenance to be done at Owner's cost. If Owner fails to pay the City for such costs, the City may assess the costs against Owner's Property. Owner shall not make any modifications to the parking lot/drive isle/landscaping or otherwise modify the permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 3. Termination. In the even the City desires to use the Permit Property for a purpose which is inconsistent with the parking lot/landscaping use by Owner, to be determined in the City's sole discretion, or in the event Owner fails to comply with any requirement of this Agreement within sixty (60) days after receiving a notice form the City requesting such compliance, the City through its City Manager may terminate this Agreement by giving ninety days (90) days written notice of termination to Owner by certified mail at the following address: 5116 Gateway Street, Prior Lake, Minnesota, 55372. Such notice may, at the City's option, require Owner to completely remove the 2 parking lot/drive isle land/landscaping from the Permit Property within said ninety (90) day notice period, including all debris. If this Agreement is terminated by the City as provided herein, Owner will be solely responsible for all costs and expenses related to construction of a parking lot/drive aisle/landscaping which is located on Owner's Property in accordance with all City Ordinances. If Owner fails to remove the parking lot/drive aisles/landscaping as required by a proper notice of termination, the City may cause the removal to be done and costs of such work shall be paid by Owner, If Owner fails to pay the City for such costs, the City may assess the cost against the Owner's Property. 4. Future Development. Owner understands and acknowledges the City may utilize the Permit Property for roadway and utility purposes at some future date, and the design of such access shall be in the sole discretion of the city. In the event the City undertakes such development, and if this Agreement is not terminated by the City as provided above, Owner agrees to cooperate with the City as necessary to facilitate construction of such roadway and utility improvements, and the City agrees to use its best efforts to accommodate Owner's access over the Permit Property during construction. 5. Indemnity. Owner shall defend, indemnify, and hold harmless the City and its employees, subcontractors, agents, and representatives from and against all claims, damages, losses, costs and expenses, including attorney's fees, which may be incurred by or asserted against the City or for which the City may be held liable, which arise out of or result from use of the Permit Property for parking lot/drive aisle/landscaping purposes, including but not limited to the maintenance, repair or removal of Owner's parking lot/drive aisle/landscaping, except liability caused solely by the negligence of the City. 6. Insurance. As long as this permit is in existence, Owner shall maintain a general liability insurance policy which provides coverage for the Permit Property for any damage to property of others or injuries to persons. Said insurance policy shall provide coverage on an occurrence basis in an amount no less than one hundred thousand dollars ($100,000.00), and shall include contractual liability coverage to provide coverage for the indemnification provision in Paragraph 5 above. Said policy shall contain a clause which provides that the insurer will not change, non-renew, or materially change the policy without first giving the City thirty (30) days prior written notice. Owner shall provide the City with a Certificate of Insurance for said policy which specifically details the conditions of this Paragraph 6. 7. Waiver of Claims. Owner acknowledges City's ownership ofthe Permit Property and knowingly waives any and all claims against the City related to Owner's use of the Permit Property, including but not limited to claims of abandonment and contractual claims arising out of this Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. 3 8. Condition of Property. Owner accepts the Permit Property "as is" and the City makes no warranties regarding the conditions of the Permit Property or the suitability of the Permit Property for Owner's purposes. 9. Binding Effect. This Permit Agreement shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs, successors, or assIgns. 10. Whole A~reement; Modifications. This Agreement contains all of the terms and conditions relating to the permit granted herein, and replaces any oral agreements or other negotiations between the parties relating to the permit. No modifications to this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 11. Recordation. Owner shall cause this Permit Agreement to be recorded in the office of the Scott County Recorder/Registrar of Titles at their cost and expense. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. By CITY OF PRIOR LAKE STATE OF MINNESOTA) )SS COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this It-- day of , 1997, by Lydia Andren and Frank Boyles, the Mayor and City Manager respectiv of the City of Prior Lake, on behalf of the City of Prior Lake through authority granted by its City Council. - T ~ - ) ..N~r. ~ ;~La- III I II I Notary Public 4 STATE OF MINNESOTA) )SS COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this 13-rh day of ,1997, by -YiuL L€-i%ArY'/ , on behalf of the (corp or i nlpartnership). 5 05-21-97 02:57PM FROM MBE 1276 POl FARMERS INSURANCE GROUP OF COMPANIES .,..- .,'. ~ ... .. D"TE ..... ..._._.?/~".1 / J? INSUUO'S NAMl PAU L ~'J :.E1'lli.~ M"'5H~ NUMBER . ...~~Ica tA.AE..~~~i'l~Nq D~Pr ATTN JEN?:olI TOVAR POllCV NUMBER OR 13 -91229;424 Ii'~E.y.,o\. T Ie NlJME!I~ Iir LOAN NUMBER ctAIMANT'~ NAME Dolo It OF 10$$ _.._..._.J.~~.N.:::.I PErl OUR COir'~?:ATION TlilS 1'~ORNING, 1 A~:i ,ii;XTSlmINQ THZ li.~3ILITY PCRT:i:CN of PAIJ1'.3 HO;1E(J,~N:2JLS PO.:..rCI Tu T:iS ;'jEW BWG ';;II~. T!US BINDili rnOV"SS COVERAGE JNTlL A Eui1..DEJ,~ a.::i:3K POi..iCl" IS ro.RC.~SED ~tiHICH T~ILL PROi/IDE Tl"iE :3A~'rz COVZR";'G~ IN PACAAG'S FORM, THEREFOR 1.00 HOllit' RECEIVE AN AC'l'JA.L CIl\TrnCAT.E:. REGARDS, O TRANSACTION PENDING, PLEASE REPLY BY: . ' " F, PETE PRINDLE ARMERS INSURANCE GROUP leOL811 FRANCe AVE. $0. .s O('I~"'~ON, AotN 55431 ;J;:. ; -,zS2g SIGNATURE cc: FROM: DEPT. AND REGIONAL OFFICE 260-0017 1-90 11-4001 W/~ro C/2.400 JI ~ J2.S PAINTED IN uS". INSURANCE BINDER The insurance has been applied for and is bound lor 60 days from the Effective Date pending issuance 01 a policy 10 the Named Insured: except in Illinois, Kansas, and Oregon where it Is bound until the polley applied for and currently in use by tne Issuing company Is cancelled in accordance with its terl'r1s. This insurance 15 $Ubjacl to the lerms, conditions and limitations ollhe pollcy(les) applied lor and currently In use by the Company. Please accepllhis form as a binder. IA.1Il INIURiD T L~AJ1 IUMIER I ElflCTI/; gAn x~~x PAUL W LEMii.Z 709790 5 21/97 A' 1 :)0 ~,M. PRDP~RTf ,,,,URID (VEHICL.E. V!A~. MAKE ANO 1.0.., DWELL.ING; F\J1." STREET ADDRESS I R_wol oat. 12:01 A.II. ot ~oll., 11/29/97 s~c :36, TWP 115 r RANGS 22 SCoTT en: ?RIOR LAKE I-rfN 55372 " I....d AI XJ;~ CaV!RADE 01.1. o P.D. o II.M. o M.d. :J c.",.. 0 CAe lJ Colllllon o '1'0 Dwolllna C CAnlonla X; kO"'.Qwn~' ~ EeE :::J flrw I Theft .1 Pilley :....: .rllll PO'III . . . Q19,OOC C! ~ool.1 LIMite S S $ S s S S S S ~~ orm ~r.t_r OTHeR $)00,000 o M.~lIo HO"'o S ~Iuo tDVIIIAGe5 EXT~~m LIABILlT!. TO ABOVE i.CCATION -, ISSUIND I'romlQlII 'oUef ..mIlo, CDMPAII~ ILLINOIS FARMERS r~5UMNCE CO s 13-9122934,4 ~IENNOLDER Loss PaYlble EndDrslillnlnl In 'avor of m ~ Agent's Address 31.0076 2.gs I 500 I 7",7", InGuuld's Add".. -k~~ .cR/__~J-~ ~D.E - Inu1es In I~QuLlnd al dullan; ~/r 1111; ! ( {3.. u~r.~- 3~:~T - ... -- -' _...._"'~._<,_.~~,.,._._-~""'..,---._----~,-",..--_._~...."-~.._~----_._. 0 C) ~~ -i --.j & --tt- 39:t-1/3 z U'J 0 en 0 :I: I I\) '17 0 )> to 0 ^ C) () U) c 0 Ci3 ~ "'U m m I z to -i m <.11 en .... z s: U'J ~ 0 Z 0 -i 0 U1 0 < [3 ~ U'J=l > c tn 0 ("") ~OOO :;:J:l > 0 ~OOO en > (..Ii ~35=l~-a I :Il r..,) m r..,) N-iO-i!:j () I :1:0-< m -.0 OCJJm =0 -.J -i == CzmO 0 c 0 U'J-iG)m z ~ m-<-o :::! JJJJen" r- om~3: -< 0 ooJJ)> c s:o?Dz :Il () o!:A- -LJJO z ~ ......0 m -.0 c.um"'TI () . JJ~ ^ 1:..11 ~ Z C) - > :t> 0> r en 'X1 ...... m (') () N U'J C r- - m ~ en > ~ :Il (0 0 m 0> 0 I s;: -i (Xl m -L z ~ ::D m l%l c..> ::D > m z (") ^ !!! -c ~ 'I \ ,..----'"