HomeMy WebLinkAbout10A - CUP Berens Bus Storage
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
DECEMBER 15, 2003
10A
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING A CONDITIONAL USE
PERMIT TO ALLOW THE OUTDOOR STORAGE OF SCHOOL BUSES ON
PROPERTY LOCATED ON WELCOME AVENUE (Case File #: 03.137 - BERENS
BUS CO.)
AGENDA ITEM:
INTRODUCTION:
Kevin Berens is requesting a Conditional Use Permit (CUP) to allow the outdoor
storage of school buses on property located at 16731 Welcome Avenue. The
property is zoned 1-1 (General Business) and is guided I-PI (Planned Industrial) on
the 2020 Comprehensive Land Use Plan Map. Outdoor storage is a Conditional Use
in the 1-1 use district. The applicant is currently storing buses on the site without the
benefit of screening or landscaping, out of compliance with the administratively
approved site plan.
On November 24, 2003, the Planning Commission held a public hearing on this item,
and recommended approval of the Conditional Use Permit with conditions by a vote
of 3 to 2. During the public hearing, Mr. Berens expressed concern about the
requirement for a wood fence along Welcome Avenue, citing that a wood gate would
create maintenance issues. Three of the Commissioners found that a metal gate
would be appropriate so long as the fence along Welcome Avenue is wood. The
remaining two Commissioners felt the wood fence recommended by staff was not
appropriate for this area.
DISCUSSION:
Current Circumstances: On August 20, 2002, staff administratively approved a
site plan for the outdoor storage of buses on the subject property with the following
conditions:
1. The parking area, landscaping and fence must be constructed as shown on the
approved plans.
2. A 2-year letter of credit (LOC) guaranteeing the landscaping must be submitted.
The LOC must be an amount equal to 125% of the cost of the landscaping, including
installation. This cost may be determined by a bid or estimate from a landscape
company.
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www.clopnorae.com
Phone 952.447.4230 / Fax 952.447.4245
3. A Fire Department lock box must be installed at the gate to the site.
4. A grading permit or any other necessary permits must be obtained prior to any
construction on the site.
Since the property is located within a landlocked watershed basin (Markley Lake),
Berens Bus Company entered into an Agreement for Monitoring and Maintenance
Plan with the City. The City Council approved the execution of this agreement on
August 5, 2002.
The site plan was approved on the condition that the outdoor storage be screened
with a solid fence 6 feet in height. Instead, the applicant proposes to screen the
buses by means of a 10 foot tall chain link fence with a "windscreen." The proposed
windscreen is inconsistent with the approved plan.
On November 3, 2003, the City Council amended the Zoning Ordinance to require a
Conditional Use Permit for outdoor storage in the 1-1 use district with the following
conditions:
a. Storage shall be screened with fencing, landscaping, berming or some
combination thereof from all property lines and abutting public rights-of-way. A
bufferyard shall be required when the outdoor storage abuts any property in
an "R" Use District, pursuant to subsection 1107.2003.
b. Storage shall not be permitted within any required yards or bufferyards.
c. Storage areas shall be separated from the vehicular parking and circulation
areas. This separation shall be clearly delineated by a physical separation
such as a greenway, curb, fence or line of planters.
d. Stored materials shall not interfere with either on-site or off-site traffic visibility.
e. Inoperative vehicles or equipment or other items typically stored in a junkyard
or salvage yard shall not be stored on land on which storage is permitted with
conditions under this Section.
f. All areas used for storage shall be paved.
Since the applicant is interested in installing screening inconsistent with what was
administratively approved under the former ordinance, the revised plan must be
reviewed by the Planning Commission and approved by the City Council as a
Conditional Use Permit.
Phvsical Site Characteristics:
Total Site Area: The total site is 1.25 acres.
Existinq Use: The applicant is currently operating on the property out of compliance
with the approved administrative site plan. Required fencing and landscaping have
not been installed.
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Topoqraphy: The site was graded for the outdoor storage parking area. Two
infiltration ponds are located adjacent to Welcome Avenue. The highest point on
this site (elevation approximately 946' MSL) is located along the southern property
line. The lowest point is the pond in the northwest portion of the site.
Veaetation: The site is void of vegetation.
Wetlands: According to information on file at the City, wetlands are not present on
the site.
Access: Primary access to this property is from Welcome Avenue.
Adiacent Existino Uses, Land Use, and Zonino: The following table details uses and
zoning for adjacent properties.
Existing Use Land Use Zoning
Designation
Welcome Avenue I-PI, Planned 1-1, General
West Industrial Industrial
East Prior Lake Mini- I-PI, Planned 1-1, General
Storage Industrial Industrial
North Michelson I-PI, Planned 1-1, General
Landscaping Industrial Industrial
South Vacant I-PI, Planned 1-1, General
Industrial Industrial
Issues: The applicant is requesting approval of a Conditional Use Permit to allow
the outdoor storage of school buses to be screened with a chain link fence and a
windscreen. Some improvements have already been constructed on the site, and
the applicant is currently storing buses on the property without required screening or
landscaping. The existing parking lot has 35 stalls, 18 of which are exclusively for
bus parking and the remaining 17 are for drivers. The property is adjacent to
Markley Lake, a landlocked watershed basin; so two infiltration ponds have also
been constructed.
Bulk Standards: No buildings will be constructed on the site. A parking lot,
constructed of a bituminous surface, currently occupies the property. Off-street
parking must comply with minimum yard setbacks. Minimum setbacks for the 1-1 use
district are as follows:
Front yard 50 feet
Side yard 20 feet
Rear yard 30 feet
The site plan indicates that the parking lot meets all minimum required setbacks.
The fence does not have to maintain minimum setbacks. It must, however, be
installed on private property.
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Parking: The Zoning Ordinance does not provide minimum parking requirements for
the outdoor storage of buses, so the site plan will be reviewed under the general use
of outdoor storage. Thus, one parking space must be provided for each 20,000
square feet of land devoted to outdoor storage. The site plan indicates that 17
parking stalls are proposed. Two parking stalls are required for this use, because
approximately 26,000 square feet of the site is outdoor storage. So minimum
requirements have been met.
The Zoning Ordinance does not set forth minimum dimensional standards for bus
parking. The proposed stalls are 12 feet in width and 45 feet in depth. For vehicle
parking, the stalls must be 12 feet in width by 18.5 feet in depth because the stalls
were constructed at a 45 degree angle. Two of the parking stalls do not meet these
minimum dimensional standards so they should be eliminated from the site plan.
Screenino/Landscapino: The newly adopted ordinance amendment requires that
storage be screened with "fencing, landscaping, berming or some combination thereof
from all property lines and abutting public rights-of-way." The applicant proposes to
screen the bus storage with a "windscreen." The screen is to be attached to a chain
link fence that is 10 feet in height. Based upon the information submitted by the
applicant, the windscreen does not provide adequate screening of the buses along
Welcome Avenue. Staff recommends that a solid wood fence be installed along
Welcome Avenue. The chain link with windscreen is appropriate for the side and rear
yards because the abutting property is industrial and not visible from off-site.
Furthermore, a bufferyard shall be required when the outdoor storage abuts any
property in an "R" Use District, pursuant to subsection 1107.2003. The property does
not abut residential property, so this provision does not apply.
In terms of minimum required landscaping, one tree is required per 40 feet of site
perimeter for industrial sites without buildings. For this development, 24 trees are
required. The landscape plan indicates that 25 deciduous and coniferous trees will
be planted. Deciduous plantings must be a minimum of 2.5 caliper inches and
coniferous plantings must be a minimum of 6 feet in height. The Zoning Ordinance
also requires that at least 10 percent of required landscaping exceed the minimum
size, i.e., deciduous 3.5 caliper inches and coniferous 8 feet in height. The
landscape plan indicates four of the required trees exceed the minimum size. Thus,
the minimum ordinance requirements have been met. (Note: As part of the
administrative site plan approval, the applicant was to submit a letter of credit for the
landscaping. One was not submitted. Staff is recommending that the letter of credit
be submitted as a condition of approval.)
Shoreland/lmpervious Surface: The site is within the Shoreland Overlay District of
Markley Lake, and is subject to applicable requirements of the Shoreland Ordinance.
For this application, the most applicable requirement is the maximum impervious
surface standard. The maximum impervious surface coverage in an "I" use district is
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75 percent. The site plan indicates that 53 percent of the site will be impervious
surface. Thus, the standard has been met.
Access: As previously noted, the site has access on Welcome Avenue.
Storm Water: Two infiltration basins were designed and approved in conjunction
with the administrative site plan.
Sions: No signage is proposed.
Liahtinq: Reflected glare or spill light shall not exceed 1.0 footcandle when the
source of light abuts any commercial or industrial parcel or any public right-of-way
measured at 1 foot above the ground. Six fixtures on poles are currently on site.
The lighting plan, administratively approved with the site plan, indicates that
illumination levels meet the standards.
Conditional Use Permit Findinqs:
Outdoor Storaae Findinas:
The Zoning Ordinance states that outdoor storage in the 1-1 use district must comply
with six standards.
City Code Section 1102.1503 Uses Permitted with a Conditional Use Permit
(8) Outdoor Storage. Conditions:
a. Storage shall be screened with fencing, landscaping, berming or some
combination thereof from all property lines and abutting public rights-of-
way. A bufferyard shall be required when the outdoor storage abuts any
property in an "R" Use District, pursuant to subsection 1107.2003.
Finding: Proposed screening includes a 10 foot chain link fence with an attached
wind screen. The windscreen does not appear to adequately screen the site from
Welcome Avenue. Staff and the Planning Commission recommend a solid wood fence
be installed just along Welcome Avenue to comply with this provision. The chain link
fence with the windscreen is appropriate in the side and rear yards.
b. Storage shall not be permitted within any required yards or bufferyards.
Finding: The site plan indicates that outdoor storage meets all required setbacks.
c. Storage areas shall be separated from the vehicular parking and
circulation areas. This separation shall be clearly delineated by a
physical separation such as a greenway, curb, fence or line of planters.
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Finding: Bus parking is proposed on the perimeter of the site, with the driver parking
proposed in the center. Physical separation is not provided, although staff believes the
40.5 foot separation is appropriate.
d. Stored materials shall not interfere with either on-site or off-site traffic
visibility.
Finding: Proposed bus parking is appropriately spaced from the entrance to the site.
e. Inoperative vehicles or equipment or other items typically stored in a
junkyard or salvage yard shall not be stored on land on which storage is
permitted with conditions under this Section.
Finding: This will be attached as a condition of approval.
f. All areas used for storage shall be paved.
Finding: The parking lot is paved.
General Conditional Use Permit Findinas:
Section 1108.200 of the City Code sets forth the general criteria utilized to review a
CUP application.
(1) The use is consistent with and supportive of the goals and policies of
the Comprehensive Plan.
Finding: An objective of the Comprehensive Plan is to "maintain high standards in
the promotion and development of commerce and industry." A policy supporting this
objective is to "maintain proper physical site screening and landscaping standards."
The outdoor storage of buses is consistent with the goals, objectives, and policies of
the Comprehensive Plan provided it complies with the conditions of approval.
(2) The use will not be detrimental to the health, safety, morals and
general welfare of the community as a whole.
Finding: The use will not be detrimental to the health, safety, and general welfare
of the community as a whole provided all conditions of approval are met.
(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.
Finding: One purpose of the Zoning Ordinance is to "enhance the aesthetic
character and appearance of the City." Requiring a solid wood fence to screen
along Welcome Avenue is consistent with the purpose of the Zoning Ordinance.
The purpose of the 1-1 use district is "to provide areas of the community that will
allow general industrial uses that, due to their size and nature, would not conform to
the 'C-5' Business Park Use District." Outdoor storage of school buses is
appropriate for this district because of aesthetics and traffic generation.
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(4) The use will not have undue adverse impacts on governmental
facilities, services, or improvements, which are either existing or
proposed.
Finding: So long as all conditions of approval are adhered to, the uses will not over
burden municipal facilities.
(5) The use will not have undue adverse impacts on the use and
enjoyment of properties in close proximity to the conditional use.
Finding: The Zoning Ordinance places conditions on outdoor storage in the 1-1 use
district to protect adjacent uses. Provided all conditions are met, the use will not
have undue adverse impacts on the properties in close proximity.
(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.
Finding: A professional landscape architect prepared the landscape plan, and civil
engineer prepared the site plan for the administrative application.
(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.
Finding: A registered civil engineer prepared drainage and utility plans for the
administrative site plan application.
(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.
Finding: The City Council may revise recommended conditions or attach additional
conditions, as they deem appropriate to protect the general welfare, public safety,
and neighborhood character.
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CONCLUSION:
The applicant is requesting a Conditional Use Permit for the outdoor storage of
school buses on property located in the 1-1 use district. The ordinance was recently
amended to require a Conditional Use Permit for outdoor storage in the 1-1 use
district.
In August 2002, an administrative site plan was approved for the screened outdoor
storage of school buses on the property. The previous ordinance required outdoor
storage be screened with a 6 foot solid fence, and the administrative site plan was
approved with that condition. However, the applicant would rather install a 10 foot
tall chain link fence with a wind screen. Staff does not believe that the material
adequately screens the buses from Welcome Avenue. Thus, staff recommends that
portion of the fence be constructed of solid wood.
Overall, staff believes screened outdoor storage is consistent with the intent of the 1-
1 use district provided conditions of approval are met. Based upon the findings set
forth in this report, staff recommends approval of the Conditional Use Permit for
screened outdoor storage with conditions.
The Planning Commission recommended approval of the CUP for outdoor storage
with the following conditions:
1. The applicant shall record the Conditional Use Permit at Scott County no later
than 60 days after City Council approval.
2. Improvements shall be constructed pursuant to the plans administratively
approved on August 20, 2002, with the conditions set forth in this report.
3. A 6 foot solid wood fence shall be installed along Welcome Avenue, except for
the fence gate, which may be constructed of metal.
4. A building permit shall be issued prior to the installation of the fence.
5. The two vehicle parking stalls located adjacent to the east property line shall be
eliminated from the site plan.
6. Inoperative vehicles or equipment or other items typically stored in a junkyard or
salvage yard shall not be stored on site.
7. All conditions listed in Section 1102.1503 (8) of the Zoning Ordinance shall be met.
8. A 2-year letter of credit (LOC) guaranteeing the landscaping must be submitted.
The LOC must be an amount equal to 125% of the cost of the landscaping, including
installation. This cost may be determined by a bid or estimate from a landscape
company.
ALTERNATIVES:
The City Council has three alternatives:
1. Adopt a resolution approving a Conditional Use Permit to allow the outdoor
storage of school buses.
2. Deny the resolution.
3. Defer the item and provide staff with specific direction.
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RECOMMENDATION:
ATTACHMENTS:
REVIEWED BY:
Staff recommends alternative #1. This requires the following motion:
1. A motion and second to adopt a resolution approving the Conditional Use Permit
for the outdoor storage of school buses.
1. Resolution 03-XX
2. Location map
3. Aerial photo
4. Site plan
5. Landscape plan
6. Windscreen info
9. Nove er 4,
ation submitted by applicant
3, Planning Commission meeting minutes
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION 03-XX
APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE OUTDOOR STORAGE OF SCHOOL BUSES ON PROPERTY
LOCATED ON WELCOME AVENUE SE
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY:
SECOND BY:
The Prior Lake Planning Commission conducted a public hearing on November 24, 2003, to consider
an application from Kevin Berens for a Conditional Use Permit (CUP) to allow the outdoor storage of
school buses on property located on Welcome Avenue; and
Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior
Lake Ordinances; and
The Planning Commission proceeded to hear all persons interested in this CUP and persons
interested were afforded the opportunity to present their views and objections related to the CUP for
motor vehicle repair; and
The Planning Commission recommended the City Council approve the CUP with specific conditions;
and
The City Council considered the CUP application for the outdoor storage of school buses at its
regular meeting on December 15,2003; and
The City Council finds the CUP for the outdoor storage of school buses in harmony with both existing
and proposed development in the area surrounding the project; and
The City Council finds 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 1108.202 of the Zoning Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
1. The recitals set forth above are incorporated herein.
2. The City Council hereby adopts the following findings:
(1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan.
Finding: An objective of the Comprehensive Plan is to "maintain high standards in the promotion and development of
commerce and industry." A policy supporting this objective is to "maintain proper physical site screening and
landscaping standards." The outdoor storage of buses is consistent with the goals, objectives, and policies of the
Comprehensive Plan provided it complies with the conditions of approval.
(2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole.
Finding: The use will not be detrimental to the health, safety, and general welfare of the community as a whole
provided all conditions of approval are met.
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WWW.cltyopnorae.com
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Phone 952.447.4230 / Fax 952.447.4245
(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.
Finding: One purpose of the Zoning Ordinance is to "enhance the aesthetic character and appearance of the City."
Requiring a solid wood fence to screen along Welcome Avenue is consistent with the purpose of the Zoning
Ordinance.
The purpose of the 1-1 use district is "to provide areas of the community that will allow general industrial uses that, due
to their size and nature, would not conform to the 'e_5' Business Park Use District." Outdoor storage of school buses
is appropriate for this district because of aesthetics and traffic generation.
(4) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are
either existing or proposed.
Finding: So long as all conditions of approval are adhered to, the uses will not over burden municipal facilities.
(5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the
conditional use.
Finding: The Zoning Ordinance places conditions on outdoor storage in the 1-1 use district to protect adjacent uses.
Provided all conditions are met, the use will not have undue adverse impacts on the properties in close proximity.
(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.
Finding: A professional landscape architect prepared the landscape plan, and civil engineer prepared the site plan
for the administrative application.
(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.
Finding: A registered civil engineer prepared drainage and utility plans for the administrative site plan application.
(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.
Finding: The City Council may revise recommended conditions or attach additional conditions, as they deem
appropriate to protect the general welfare, public safety, and neighborhood character.
Citv Code Section 1102.1503 Uses Permitted with a Conditional Use Permit
(8) Outdoor Storage. Conditions:
a. Storage shall be screened with fencing, landscaping, berming or some combination thereof from all property
lines and abutting public rights-of-way. A bufferyard shall be required when the outdoor storage abuts any
property in an "R" Use District, pursuantto subsection 1107.2003.
Finding: Proposed screening includes a 10 foot chain link fence with an attached wind screen. The windscreen does not
appear to adequately screen the site from Welcome Avenue. Staff recommends a solid wood fence be installed just
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along Welcome Avenue to comply with this provision. The chain link fence with the wind screen is appropriate in the side
and rear yards.
b. Storage shall not be permitted within any required yards or bufferyards.
Finding: The site plan indicates that outdoor storage meets all required setbacks.
c. Storage areas shall be separated from the vehicular parking and circulation areas. This separation shall be
clearly delineated by a physical separation such as a greenway, curb, fence or line of planters.
Finding: Bus parking is proposed on the perimeter of the site, with the driver parking proposed in the center. Physical
separation is not provided, although staff believes the 40.5 foot separation is appropriate.
d. Stored materials shall not interfere with either on-site or off-site traffic visibility.
Finding: Proposed bus parking is appropriately spaced from the entrance to the site.
e. Inoperative vehicles or equipment or other items typically stored in a junkyard or salvage yard shall not be stored
on land on which storage is permitted with conditions under this Section.
Finding: This will be attached as a condition of approval.
f. All areas used for storage shall be paved.
Finding: The parking lot is paved.
3. The Conditional Use Permit is hereby approved on the property legally described as follows:
That part of the East Three-Fourths of the Southeast Quarter of Section 1, Township 114, Range 22, Scott County,
Minnesota, described as follows:
Commencing at the southeast comer of said Section 1: thence on an assumed bearing of North 01 degrees 21
minutes 00 seconds West along the east line of said Section 1, a distance of 1251.72 feet; thence South 88 degrees
39 minutes 00 seconds West a distance of 1875.73 feet; thence South 86 degrees 11 minutes 30 seconds West a
distance of 84.66 feet to the east line of the west 30.00 feet of said East Three-Fourths of said Southeast Quarter;
thence North 86 degrees 11 minutes 30 seconds East a distance of 514.66 feet; thence South a distance of 704.31
feet to the centerline of County State Aid Highway No. 12; thence South 63 degrees 37 minutes 56 seconds East
along said centerline a distance of 73.66 feet; thence North a distance of 412.00 feet; thence East a distance of
944.00 feet to a point hereinafter referred to as point "A"; thence North a distance of 244.00 feet; thence West a
distance of 243.86 feet; thence North a distance of 101.00 feet; thence northwesterly along a tangential curve concave
to the west, having a radius of 455.74 feet; a central angle of 12 degrees 48 minutes 17 seconds, an arc length of
101.85 feet to the point of beginning of the land to be described; thence continuing northwesterly along said last
described curve having a radius of 455.74 feet, a central angle of 2 degrees 11 minutes 43 seconds, an arc length of
17.46 feet; thence along a reverse curve concave to the east, having a radius of 424.68 feet, a central angle of 15
degrees 00 minutes 00 seconds, an arc length 111.18 feet; thence North tangent to said last described curve a
distance of104.56 feet; thence East a distance of 273.85 feet to the intersection with a line drawn North from the
aforementioned point "A"; thence South a distance of 231.43 feet to the intersection with a line drawn East from the
point of beginning; thence West a distance of 255.19 feet to the point of beginning.
Together with a nonexclusive easement for roadway over and across that part of the East Three-Fourths of the
Southeast Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota described as follows:
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A strip of land 60.00 feet in width the centerline of which is described as follows:
Commencing at the southeast comer of said Section 1; thence on an assumed bearing of North 01 degrees 21
minutes 00 seconds West along the east line of said section 1. a distance of 1251.72 feet; thence South 88 degrees
39 minutes 00 seconds West a distance of 1875.73 feet; thence South 86 degrees 11 minutes 30 seconds West a
distance of 84.66 feet to the east line of the west 30.00 feet of said East Three-Fourths of said Southeast Quarter;
thence North 86 degrees 11 minutes 30 seconds East a distance of 514.66 feet; thence South a distance of 704.31
feet to the centerline of County State Aid Highway No. 12; thence South 63 degrees 37 minutes 56 seconds East
along said centerline a distance of 73.66 feet; thence North a distance of 412.00 feet; thence East a distance of
700.15 feet to a point hereinafter referred to as point "A", the point of beginning of the line to be described; thence
North a distance of 325.00 feet; thence along a tangential curve concave to the west, having a radius of 455.74 feet, a
central angle of 15 degrees 00 minutes 00 seconds. an arc length of 119.31 feet; thence along a reverse curve
concave to the east having a radius of 424.68 feet, a central angle of 15 degrees 00 minutes 00 seconds, an arc
length of 111.13 feet; thence North tangent to said last described curve, a distance of 304.03 feet and there
terminating.
Together with a strip of land 60.00 feet in width the centerline of which is described as follows:
Beginning at the above referenced point "An; thence southerly along a tangential curve concave to the west, having a
radius of 569.68 feet, a central angle of 15 degrees 00 minutes 00 seconds, a chord bearing of South 7 degrees 30
minutes 00 seconds West, an arc length of 149.14 feet; thence along a reverse curve concave to the east, having a
radius of 491.09 feet, a central angle of 15 degrees 00 minutes 00 seconds, an arc length of 128.57 feet; thence South
tangent to said last described curve a distance of 466.51 feet more or less to the centerline of County State Aid Road
No. 12, and there terminating.
4. The Conditional Use Permit is hereby approved subject to the following conditions:
a) The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after City Council
approval.
b) Improvements shall be constructed pursuant to the plans administratively approved on August 20, 2002, with the
conditions set forth in this report.
c) A solid wood fence shall be installed along Welcome Avenue.
d) A building permit shall be issued prior to the installation of the fence, except for the gate.
e) The two car parking stalls located adjacent to the east property line shall be eliminated from the site plan.
ij Inoperative vehicles or equipment or other items typically stored in a junkyard or salvage yard shall not be stored on site.
g) All conditions listed in Section 1102.1503 (8) of the Zoning Ordinance shall be met.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for outdoor storage of school
buses. The contents of Planning Case Files #03-137 are hereby entered into and made a part of the public record and the
record of the decision for this case.
L:\03 Files\03 CUP's\Berens Outdoor Storage\resolution.DOC
Page 4
Passed and adopted this 15th day of December, 2003.
YES NO
Blomberg Blomberg
Haugen Hauoen
LeMair leMair
Petersen Petersen
Zieska Zieska
{Seal} City Manager,
City of Prior lake
L:\03 Files\03 CUP's\Berens Outdoor Storage\resolution.DOC Page 5
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Planning Commission Meeting
November 24, 2003
Stamson:
· Concu ith staff - they did a good job. The uses are appropriate for the
residen . al and commercial/industrial districts.
· As far a density - It is important to know this is Low to Medium density. The
alternativ is high density. This density proposed will allow townhomes. It is
essentially e same designation as the Bohnsack property. This addresses the
speaker's (B wn) concern.
. Support.
Perez:
.
The letter from th :Watershed District it addresses the lake level and the
designations.
They also mention th . r desire to acquire land for open space and water storage.
Has there been any dis ussions on that?
· Kansier responded she d not be involved in any discussions. Th~'City does not
own the land and the Wa rshed District will have to work with/the property
owners. However, the Ci has an ongoing relationship with tl1e District and
work very closely with the The City would support theirjndeavors and be of
whatever assistance in that mer. /
The other thought is what Mr. rown brought uPr afar /s the designation. The
density was explained and give the options. His iss was affordability with the
limitations.
Does not see any other issues. I
.
.
.
Stamson:
· Asked Mr. Brown ifhe understood the ro osal. Brown said he is more
comfortable. He didn't understand the d erence between Rl to R2 and density.
Stamson explained the Comprehensiv 1 and zoning processes. There are
specific concerns with the Watershe and . The Bohnsack property is under
the same density.
· A large number ofthe townhous projects in t11 City are under the 3.6 units per
acre.
· Brown said he had more of 5 to 6 unit plan in mi which would make the price
unit around $200,000 rath than the $400,000.
MOTION BY ATWOOD, SE OND BY RINGSTAD, TO RECa END APPROVAL
OF THE AMENDMENT T ADD APPROXIMATELY 380 AC TO THE 2020
COMPREHENSIVE L USE PLAN TO DESIGNATE THS ARE OR R-L/MD
USES AND C-HG USE .
Vote taken indicate yes by all. MOTION CARRIED.
This matter will 0 before City Council on December 15,2003.
B. Case #03-137 Kevin Berens is requesting a Conditional Use Permit for
outdoor storage on property located in the 1-1 General Industrial Use District.
<E-
L:\03 Files\03 Planning Comm\03pcMinutes\MNI12403.doc
4
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Planning Commission Meeting
November 24, 2003
Planner Cynthia Kirchoff presented the Planning Report dated November 24, 2003, on
file in the office of the City Planning Department.
Kevin Berens is requesting a Conditional Use Permit to allow the outdoor storage of
school buses on property located at 16731 Welcome Avenue. The property is zoned 1-1
(General Business) and is guided I-PI (Planned Industrial) on the 2020 Comprehensive
Land Use Plan Map. Outdoor storage is a Conditional Use in the 1-1 use district. The
applicant is currently storing buses on the site without the benefit of screening or
landscaping, out of compliance with the administratively approved site plan.
On August 20, 2002, staff administratively approved a site plan for the outdoor storage of
buses on the subject property with conditions. Since the property is located within a
landlocked watershed basin (Markley Lake), Berens Bus Company entered into an
Agreement for Monitoring and Maintenance Plan with the City. The City Council
approved the execution ofthis agreement on August 5, 2002.
The site plan was approved on the condition the outdoor storage be screened with a solid
fence 6 feet in height. Instead, the applicant proposes to screen the buses by means of a
10 foot tall chain link fence with a "windscreen." The proposed windscreen is
inconsistent with the approved plan.
On November 3, 2003, the City Council amended the Zoning Ordinance to require a
Conditional Use Permit for outdoor storage in the 1-1 use district with conditions.
The staff recommended approval with the following conditions:
1. The applicant shall record the Conditional Use Permit at Scott County no later
than 60 days after City Council approval.
2. Improvements shall be constructed pursuant to the plans administratively
approved on August 20, 2002, with the conditions set forth in this report.
3. A solid wood fence shall be installed along Welcome Avenue.
4. A building permit shall be issued prior to the installation of the fence.
5. The two-car parking stalls located adjacent to the east property line shall be
eliminated from the site plan.
6. Inoperative vehicles or equipment or other items typically stored in a junkyard or
salvage yard shall not be stored on site.
7. All conditions listed in Section 1102.1503 (8) of the Zoning Ordinance shall be
met.
Stamson questioned the parking ordinance since buses are not specifically mentioned
under the general rules. Normally the City requires only 2 stalls. The concern is for the
use it is inadequate. In this case, the applicant has provided as may stalls as buses. Do
we use the general parking ordinance? Or if the applicant came in and said he was only
going to put in 2 stalls, would it have been approved? Kirchoff explained the staff would
L:\03 Files\03 Planning Comm\03pcMinutes\MNI12403.doc
5
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Planning Commission Meeting
November 24, 2003
look at how many buses he would be parking on the property and then try to have the
applicant accommodate that many stalls for the bus parking. Stamson agreed.
Lemke questioned Condition 5 - regarding the 2 car parking stall located adjacent to the
east property line shall be eliminated from the site plan. Kirchoff explained the two
parking stalls on the plan do not meet the minimum ordinance requirements. The depth is
not adequate.
Comments from the public:
Applicants Kevin and Geri Berens, stated they reviewed staffs conditions proposed by
staff and are okay with everything except condition #3 with the solid wood fence. One of
the problems they ran into with the different fence companies who came out to view the
site and give ideas felt the wood gate is too heavy and would not get proper closure after
a few years. The fencing companies said they would not guaranty the wood holding up
after a number of years. The wood gate and slope of the driveway were a concern with
all three companies. Welcome Avenue is also a private driveway and their property is the
second to the end and little or no traffic. Geri Berens said they are not trying to disagree
but felt staffs condition would not work well in this situation.
Stamson questioned if the applicant meant the gate as opposed to the mounted part of the
fence. Berens said it was and the slope ofthe driveway was also a concern. All three
companies came to the same conclusion. There are also holding ponds on each side of
the driveway.
Atwood questioned the driveway width. Berens said it should be about 35 feet.
Berens said the concern is the wooden gate. It is too heavy and the companies will not
guaranty it will last.
Atwood questioned the driveway grade. Kevin said he did not know.
Ringstad questioned the cost difference between the wood and chain fence. Kevin
Berens said the wood product would be about half of what the chain link: and screening
is. Berens said they would like to be consistent with the mesh 96% screen blockage
instead of the 6 foot high wood fence to hide a 10 foot bus.
Atwood questioned if staff intended it to be a 10 foot wood fence. Kansier said the site
plan was approved prior to the ordinance. The ordinance called for a 6' solid fence.
Staffs recommendation is to make the applicant go with a 10 foot wood fence. Six feet
would be adequate.
Perez questioned the property to the north. Kevin Berens said it was Nickelson
Construction. Berens also explained the upkeep with the wood fence. There would be
less problems with a chain link: fence.
L:\03 Files\03 Planning Comm\03pcMinutes\MNI12403.doc
6
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Planning Commission Meeting
November 24, 2003
The public hearing was closed.
Comments from the Commissioners:
Atwood:
· Would like to talk about the driveway and the weight of the wood. Does staff
have other options? Kansier said they would not have any other objections to
something other than the wood gate. Staff felt the wood along the front of the
road, is that at some point in the future especially as this area has services
available that you will see more intensive uses other than what is there now. Staff
also felt the applicant's proposed screening in the sides and rear are adequate as it
is not visible from the public road. Staff thought that with the landscaping and the
6 foot wood fence along the front was a better screen.
· Agreed - Cannot find a compelling argument to put up the chain link on all for
sides. The front ofthe property should be wood - it would look nicer and have
better curb appeal. Recognize the wood gate would be difficult at that size
although I would support staffs findings with the condition of the gate.
Lemke:
· Is the wood recommended because it has 100% screening? Kansier said the wood
fence is 100% opaque. It is a better visual barrier for the buses.
· Originally felt a wood fence along the front made sense, but after listening to the
applicant I'm not sure what the problem is if three sides were chain link and they
have a 35 foot chain gate. Not convinced putting two wood panels along side of
either side is any better. It is not going to hide the buses.
· The chain link screening all the way around is appropriate for this property.
Ringstad:
· Respectfully disagree with Lemke. Like the compromise approach discussed
where the gate can remain a chain link.
· Understands where a wood gate could cause problems in the future - that is why I
would support a compromise with the chain link gate and wood on the front.
Stamson:
· The aesthetics going forward is something to consider. Right now there is plenty
of chain link fences in that neighborhood. It is not inappropriate at this time but
with development later on I would think at least along the street have something a
little better.
· That is the standard elsewhere in commercial districts.
· The maintenance is not an issue. Both wood and chain are not maintenance free.
There are pretty ratty old chain link fences.
· The one thing that leans me to allowing the chain link fence - it is better to have a
10 foot chain fence for screening and would consider that option but it would
require more landscaping along the property with additional trees and bushes.
Although not opposed to requiring a wood fence either.
L:\03 Files\03 Planning Comm\03pcMinutes\MNI12403.doc
7
Planning Commission Meeting
November 24, 2003
· It makes sense to have a chain gate or some other kind of material. It is more
functional.
· It needs to be somewhat nicer than the current chain link fence. Either a chain
link: with increased landscaping or the wood fence in the stationary positions.
Perez:
· Agreed with Lemke - If it were anywhere else I could see the wood fence. But
when we start talking aesthetics and getting into the hodgepodge with the wood
fence and gate with chain link. It would look better with a chain fence all the way
around.
· Agreed with Stamson on the landscaping. It would be a good compromise.
· Fine with chain link: all the way around.
Open discussion:
Atwood said the frontage is 200 feet. It is a long piece of property.
Ringstad said there is a substantial amount of frontage with a 35 foot front gate so there is
still 165 feet debating if it should be wood or chain. It will have an aesthetic appeal for
people using it now and people using it in the future.
Lemke pointed out the plan submitted has significant landscaping.
Kirchoffbriefly explained the landscaping.
Atwood felt the aesthetics were important - appreciates the maintenance, but it needs a
little more curb appeal.
Lemke pointed out if the cost was more it would be an issue. The applicant is not saying
they can't put up a wood fence because it costs more than the chain link: fence. It is
practically a dead-end road, they are storing school buses. It is awfully difficult to get 10
foot wood fence. They would have to be built like the fences on the interstate. Not
saying it doesn't look better, but in this particular incident a chain link 96% opaque fence
is an appropriate use.
Atwood pointed out the distance between the fencing and the first parking stalls. Atwood
said she would be willing to change ifthere were more of a buffer area to screen with
landscaping.
MOTION BY ATWOOD, SECOND BY RINGSTAD, TO RECOMMEND APPROVAL
OF A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE WITH STAFF'S
CONDITIONS AMENDING CONDITON #3 REGARDING A SOLID WOOD FENCE
ACCEPTING FOR THE GATE ACROSS THE DRIVEWAY.
Vote taken indicated ayes by Atwood, Ringstad and Stamson. Nays by Lemke and Perez.
MOTION CARRIED.
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Planning Commission Meeting
November 24, 2003
This item will go before the City Council on December 15,2003.
c. Case #03-125 R & K Sales, Inc. is requesting to rezone approximately 20
acres of land from A (Agriculture) to R4 (High Density Residential) on property
located north of County Road 42, west of Pike Lake Trail and south of Pike Lake.
Planner Cynthia Kirchoff presented the Planning Report dated November 24, 2003, on
file in the office of the City Planning Department.
R & K Sales, Inc. is requesting to rezone approximately 19 acres on property located
north ofCSAH 42, west of Pike Lake Trail, and south of Pike Lake. The 2020
Comprehensive Plan guides the property R-HD (Urban High Density Residential). The
applicant is requesting the zoning map amendment to facilitate the development of the
site for townhomes.
This property is presently zoned A (Agricultural), which is inconsistent with the
comprehensive land use plan designation. The 2020 Comprehensive Land Use Plan Map
designates the property for R-HD uses. Corresponding zoning is R-4 (High Density
Residential). Within this designation, density is permitted to be a maximum of 30 units
per acre.
The applicant is proposing to develop the property for townhomes. Thus, the property
must be rezoned from its current classification, A, to R-4. The R-4 zoning classification
is consistent with the R-HD land use designation on the 2020 Comprehensive Land Use
Plan Map. Based upon the findings set forth in this report, staff recommended approval.
Lemke questioned the letter from Scott County referencing the drainage to the pond.
Kansier said the County is referencing the City's easements for utilities which includes
storm water.
Comments from the public:
Applicant, Randy Simpson, R & K Sales, 2940 179th , Prior Lake, at this time they have
no direct developing plan at this time they are just asking for a rezoning. The R4 density
would allow for apartments and PUD' s.
Stamson asked if they owned the single family house included in the application.
Simpson said "No", there is a roadway easement to the house.
Julie Garwood, 13900 Pike Lake Trail, stated she was concerned with the easement to her
property and the runoff. Stamson said when the time for the actual development occurs,
the staff and Commissioners look at runoff very carefully. Kansier said with any
development staff insures you will have access to your home. You would have continued
access. The details would come out with the development.
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