The URL can be used to link to this page

Home My WebLink About05-5516200 Eagle Creek Avenue $.E. Prior Lake, MN 55372-1714 RESOLUTION 05-55 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING THE PLANNING COMMISSION'S DECISION TO GRANT A CONDITIONAL USE PERMIT TO ALLOW A MOTOR FUEL STATION IN THE C-2 ZONING DISTRICT MOTION BY: Hauqen SECOND BY: LeMair WHEREAS, Kwik Trip requested a conditional use permit to establish a motor fuel station on the property located on the southeast corner of CSAH 42 and CSAH 83, zoned C-2 (Community Business), and legally described as follows: Lot 1, Block 1, Wilds North 4th Addition, Scott County, Minnesota; and WHEREAS The Planning Commission reviewed the application for a conditional use permit as contained in Case File 05-107, and held a hearing thereon February 28, 2005; and WHEREAS, The Planning Commission concluded the conditional use permit .was consistent with the criteria set forth in Section 1108.202 and Section 1102.1003 of the Zoning Ordinance, subject to ten conditions; and WHEREAS, The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File 04-136 and Case File 05-107, and held a hearing thereon on April 4, 2005. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: 1) The above recitals are incorporated as if fully set forth herein. 2) The City Council finds that the requested conditional use permit is consistent with the criteria set forth in Section 1108.202 and Section 1102.1003 of the Zoning Ordinance, subject to ten conditions. 3) The City Council determined that the Planning Commission's decision to approve the conditional use permit subject to ten conditions should, be upheld. 4) The City Council makes the following findings: a. Dean and Carrie Boegeman, appealed the decision of the Planning Commission in accordance with Section 1108.210 of the City Code on March 4, 2005. ' b. The City Council reviewed the appeal of the Planning Commission's decision, and the information contained in Case File 04-136 and Case File 05-107, and held a hearing thereon on February 28, 2005. c. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. · Two of the objectives of the Comprehensive Plan are to "determine and strive for a balance of R:x/~,.ESOLUTILPLANRES\05-55 Kwik Trip CUP.doc www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 commerce, industry and population" and to "maintain high standards in the promotion and development of commerce and industry." This proposal Will be consistent with the goals, objectives, and policies of the Comprehensive Plan provided it complies with the conditions of approval. d. The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. · The uses will not be detrimental to the health, safety, and general welfare of the community as a whole provided all conditions of approval are met. e. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. · One purpose of the Zoning Ordinance is to "protect the residential, business, industrial and public areas of the community and maintain their stability." The proposed use is consistent with this goal, provided the site complies with all conditions of approval. f. The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are either existing or proposed. · The use will not over burden municipal facilities. g. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The Zoning Ordinance places conditions on the use that are intended to protect the use and enjoyment of adjacent properties in the "R" use districts. The .applicant has made modifications to the site plan to assist in alleviating adverse impacts to adjacent sites. h. 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 site will be required to have an approved buffer yard along all lot lines that abut residential sites. The applicant must submit a plan showing an increased berm height and retaining wall along Wilds Path. i. 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 applicant has been working with the Engineering Department to meet grading and drainage requirements. Prior to any building permits, the applicant will be required to have approval of all grading and drainage plans by the City Engineer. j. 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. R:XRESOLUTILPLANRES\05-55 Kwik Trip CUP.doc Page 2 5) · The City Council has attached the listed conditions they deem appropriate to protect the general welfare, public safety, and neighborhood character. The Conditional Use Permit is hereby approved on the property legally described as follows: Lot 1, Block 1, Wilds North 4th Addition 6) The Conditional Use Permit is hereby approved subject to the following conditions: a) Conditions outlined in Section 1102.1003(1) of the City Code, related to motor fuel stations as a conditional use, shall be adhered to. b) Prior to building permit issuance, all grading and drainage plans must be approved by the City Engineer. c) Exterior materials of all buildings on the site shall comply with Section 1107.2202 of the Zoning Ordinance. d) Bufferyard requirements as outlined in Section 1107.2000 of the City Code shall be met. e) The carwash shall limit hours of operation from 6:00 am to 10:00 pm. f) All retaining walls and landscaping must remain outside the public right of way and provide for the preservation of adequate site line requirements. g) The applicant shall submit updated plans and elevations that reflect the proposed plan modifications and conditions. h) The applicant shall obtain necessary licensing for the sale of alcohol and tobacco products, if this is conducted at the site. i) The applicant shall obtain sign permits to assure proper signage size and placement. j) Deliveries shall be limited to the hours of 6 am to 10 pm. k) Signs shall be posted on Cougar Path stating no through traffic. I) Trees for screening shall be a minimum of 3.5 caliper inches for deciduoUs and 8 feet in height for coniferous. m) All dumpsters must be fully enclosed. n) Hours of operation shall be limited to 5 am-12 am/midnight. o) Notwithstanding, Section 1108.200 of the Zoning Code, the hours of operation specified by this Conditional Use Permit shall be reviewed by the Planning Commission as of April 1, 2007. 7) The contents of Planning Case File 04-136 and Planning Case File 05-107 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 4m day of April, 2005. {Seal} YES NO Haucjen X Haucjen Flemincj X Flemincj LeMair X LeMair Petersen X Petersen Zieska Recused Zieska City Man~'~r ~' y RSRESOLUTILPLANRES\05-55 Kwik Trip CUP.doc Page 3