HomeMy WebLinkAbout04-01
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION 04-01
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: PETERSEN
SECOND BY: LEMAIR
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.
R\RESOLUTI\PLANRES\2004\04-01.DOC
www.cityofpriorlake.com
Page 1
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." A
10 foot tall chain link fence with windscreen 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.
(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 a 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.
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
adequately screens the site and satisfies this condition.
b. Storage shall not be permitted within any required yards or bufferyards.
R\RESOLUTI\PLANRES\2004\04-01.DOC
Page 2
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 corner 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 of1 04.56 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:
A strip of land 60.00 feet in width the centerline of which is described as follows:
Commencing at the southeast corner 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
R:\RESOLUTI\PLANRES\2004\04-01.DOC Page 3
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 bf 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 "A"; 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 describ'ed 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 10 foot tall chain link fence with a 96 percent opaque fabric windscreen shall be installed along the perimeter of the
site.
d) A building permit shall be issued prior to the installation of the fence.
e) The two car parking stalls located adjacent to the east property line shall be eliminated from the site plan.
~ 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.
h) A 2-year letter of credit (LOG) guaranteeing the landscaping approved on August 20, 2002, as part of the
administrative site plan 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
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.
Passed and adopted this 5th day of January, 2004.
YES NO
Blomber X
Hau en X
LeMair X
Petersen X
Zieska Absent
{Seal} Frank Boyles, City Manager
R\RESOLUTI\PLANRES\2004\04-01.DOC Page 4