HomeMy WebLinkAbout03-24-97REGULAR PLANNING COMMISSION AGENDA
MONDAY, MARCH 24, 1997
6:30 p.m.
1. Call Meeting to Order:
2. Roll Call:
3. Approval of Minutes:
4. Public Hearings:
A. CASE #97-019 Paul Lemke is requesting a Conditional Use Permit to construct a
professional office building and the accessory signs on the property located north of
Gateway Street, southeast of Highway 13, west of Jordan Avenue and east of Franklin
Trail
B. CASE #97-015 Ronn Hechter is requesting a Conditional Use Permit to allow a
"fast food establishment" in a B-I Zone; a 10 foot variance to allow a rear yard
setback of 20 feet rather than the required 30 feet; and a 63 parking stall variance to
allow a total of 87 parking stalls rather than the 150 parking stalls. This property is
located on the east side of Franklin Trail, north of County Road 44 (160th Street).
5. Old Business:
6. New Business:
· Review 1998-2002 Capital Improvement Program.
· Review formation of Tax Increment Financing District No. 2-8.
7. Announcements and Correspondence:
8. Adjournment:
16200 ~.~gf~ ~reek Ave. S.E., Prior Lake, Minnesota ~72-1714 / Ph. (612) 447-4230 / Fax (612)'447-4245
AN EQUAL OPPORTUNg-Y EMPLOYER
PLANNING COMMISSION MINUTES
MARCH 10, 1997
1. Call to Order:
The March, 1997, Planning Commission meeting was called to order by ChaLrman Criego
at 6:35 p.m. Those present were Commissioners Criego, Stamson, Vonhof, Wuellner and
Kuykendall, Director of Planning Don Rye, Planning Coordinator Jane Kansier and
Recording Secretary Connie Carlson.
2. Roll Call:
Vonhof Absent
Wueliner Absent
Stamson Present
Kuykendall Present
Criego Present
3. Approval of Minutes:
Correction: #8. correct "Criego".
MOTION BY KUYKENDALL, SECONDED BY STAMSON, TO APPROVE THE
FEBRUARY 24, 1997, MINUTES AS SUBMITTED.
Vote taken signified ayes by Kuykendall, Cdego and Stamson. MINUTES APPROVED.
Commissioner Vonhof arrived at 6:38 p.m.
4. Public Hearings: None
5. Old Business: None
6. New Business: None
7. Announcements and Correspondence:
The Commissioners discussed the standards of the Home Occupation Ordinance.
Commissioner Criego suggested staff set a date for an upcoming meeting and bring back
the Home Occupation Ordinance for review.
A. ZONING ORDINANCE WORKSHOP/UPDATE - Don Rye
Commissioners discussed and commented on the following:
LOT PROVISIONS:
· Lots of record and buildable lots. Recommended dimensions.
· Substandard lots on the lake have rising values.
· Consensus by Commissioners - do not agree with #3, under LOT PROVISIONS.
"Substandard lots with common ownership with an abutting parcel of property on or
after the effective date of the Ordinance may not be developed and no building permit
will be issued..." Take out "two" from parcels combined. Suggested notifying
residents (by letter) who are affected by this Ordinance.
YARD ENCROACHMENTS:
· Should add "window" to bay description. Cannot exceed two feet.
· #5 clarification on terrace and step height (2 1/2 feet).
· #6 "Uncovered porches, stoops or decks.., ground level of principal building...should
be changed to 6 from 4.
· B. 1. add balconies with the awnings and door hoods.
· B.3. and C. 1. Discussed heating and air conditioning units in side yards. Screen
where visible from the public right-of-way. Noise concern from side yard.
FENCES:
· Measure ground level from where you are standing.
· Allowable 8 feet if abuts commercial or Highway 13 and/or County Roads 21, 42, 82
and 83.
· #2. Rationale for 3 1/2 feet for front yard fencing. Take hedge out. Safety issues for
law enforcement and site lines.
TRAFFIC DISABILITY:
· Establishes the City is trying to get some clear site lines to traffic. This is a standard
ordinance.
PEDESTRIAN ACCESS:
· Clarification in width on pedestrian/bike paths for emergency vehicles.
GRADING, FILLING, LAND RECLAMATION & EXCAVATION:
· Discussed 400 cubic yards of fill issues.
· Excavation for single family dwellings may be excluded.
LIGHTING:
· Should not limit the property line to neighboring property line.
· What happens when the lake is the neighboring property?
· GENERAL PROVISIONS - D. Cross out "in any contiguous parcel of land." in the
first sentence.
· String lights (Christmas lights) do not meter.
· Make lakeside a .5 foot candle.
· G. End the first sentence at "off the site."
ARCHITECTURAL DESIGN:
· Discussed F. 1. Class I. - building materials. Primary structure cannot be wood for
four or more units or commerical buildings.
Meet with City Council Monday, March 24 at 5:00.
8. Adjournment:
MOTION BY STAMSON, SECOND BY CRIEGO, TO ADJOURN THE MEETING.
The meeting adjourned at 9:17 p.m.
Donald Rye Connie Carlson
Director of Planning Recording Secretary
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
4A
Conduct public hearing to consider a conditional use
permit (CUP) and conditional sign permit for Lemke
Professional Office Building (Case 097-019)
Paul Lemke
5116 Gateway Street, located north of Gateway Street,
southeast of Highway 13, west of Jordan Avenue and east
of Franklin Trail.
Jenni Tovar ~ g~
X YES __.NO-N/A
March 24, 1997
The City received an application for a Conditional Use Permit (CUP) fi:om Paul Lemke
on March 4, 1997. The applicant proposes to construct an office/retail building on the
north side of Gateway Street, across from Rademacher's. The proposed building will be
10,400 square feet. The upper level will be occupied by Lemke Chiropractic and two
leased tenants (possibly a Montessori day care facility). The lower level will be entirely
leased space (three tenants). The property is zoned B-3 General Business. "Personal and
professional services" are a conditional use in the B-3 zone and retail businesses are
permitted uses.
The proposed CUP should be reviewed in accordance with the criteria found in Section
7.5(C) of the Zoning Ordinance. Section 7.5(C) provides that a conditional use shall be
approved if it is found to meet specific criteria~ The criteria are discussed on the
following pages.
The subject site consists of 2 acres located at 5116 Gateway Street. The site is
surrounded by commercial uses. Directly to the south is Rademacher's Super Valu and a
retail strip mall, to the north is Gateway Center (office) and First Bank. To the east is
Franklin Trail and to the norfiawest is HWY. 13 (see Site Location Map). The proposed
16200 E°a~°~:~Ave. S.E.. Prior Lake, Minnesota 553~2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
building will be constructed on the westerly portion of the lot. The easterly portion of the
parcel is to be undisturbed and remain "natural".
CONDITIONAL USE PERMIT ANALYSIS:
Section 7.5(C) sets forth several criteria for approval of a CUP. These criteria and the
staff analysis of compliance with these criteria are set forth below;
1. The proposed use conforms to the district permitted and conditional use
provisions and all general regulations of this Ordinance.
Thc proposed use is consistent with the conditional use and permitted use provisions for
the B-3 General Commercial zoning district and conforms to all general regulations of the
Zoning Ordinance (upon satisfaction of conditions).
2. The proposed use shall not involve any element or cause any conditions that may
be dangerous, injurious, or noxious to any other property or persons, shall
comply with the performance standards listed below.
The proposed use is office/professional services and retail tenants. Adjacent uses are that
of office and professional service, a bank, and a retail center. The proposed use does not
appear to be dangerous, injurious, or noxious to any other property or persons.
3. The proposed use shall be sited, oriented and landscaped to produce harmonious
relationship of buildings and grounds adjacent to buildings and properties.
The following table depicts Landscape Requirements and how the applicant has
addressed them.
Trees
Entry
Parking Islands
Parking Screening
Other Screening
(Service Storage Areas)
Plans
Ordinance Requirement
25 Trees (1/40' perimeter of area
being disturbed 981 fee0
Entry areas to be landscaped
(no specific required plantings)
One every 180'
Combination of elements on
new parking lots
(Berm, plantings, fence)
6 Foot screen, combination of
fence/planting/berrns.
Prepared by a Certified or
Registered Landscaped
Architect.
Applicant Proposal
20 Trees
Entries are landscaped on both
sides with trees and shrubs.
N/A
Shrubs along Gateway Street,
trees along HWY. 13.
6' Trash enclosure of same
materials as principle building
with landscaping.
Plans not signed.
97-OI9PCDOC 2
The applicant must revise the landscape plan to provide the minimum required plantings
(25 trees). There are 3 significant trees on the east portion of the site that will remain
undisturbed (no landscape credit given, as the undisturbed area was not used in
calculating perimeter). Additionally, the landscape ordinance requires new parking areas
to be screened with multiple elements to provide screening year round. The north
parking lot will be screened using trees; given the slope to HWY. 13, a fence/berm would
be ineffective in screening this parking from HWY. 13. The applicant has proposed to
screen the south parking lot with shrubs. The landscape plan must be revised to show
multiple elements (berm, fence, plantings).
4. The proposed use shall produce a total visual impression and environment which
is consistent with the environment of the neighborhood.
The building will be finished with brick and have architectural metal entrances. Other
buildings in the area are finished with brick and the retail center is finished with stucco.
The proposed materials and landscaping is consistent with adjacent uses and the effect on
the environment of the neighborhood is minimal.
The City's sidewalk policy is that sidewalks are required along collector streets. Gateway
Street, access to the site, is classified as a local street. The property also has frontage
along Franklin Trail, which is a collector street. However, the proposed development will
be left "natural" along this side of the parcel. A sidewalk along Gateway Street is not
consistent with with City policy.
5. The proposed use shall organize vehicular access and parking to minimize traffic
congestion within the neighborhood.
The proposed project provides sufficient area for vehicular parking. The ordinance
requires 1 stall for every 200 square feet of retail space and one stall for every 250 square
feet of office/professional service. The applicant is proposing 4400 square feet of retail
and 6000 square feet of office. This is results in 46 stalls required. The applicant is
proposing 47 stalls. Due to the topography, the building and parking will be accessed on
the second floor on the south side and on the first floor on the north side. The applicant
shows ail parking areas to be paved, striped, and curbed. A loading berth needs to be
provided (5-5-6). This can be designated in a parking stall and must be indicated on the
site plan or otherwise provided.
There are two access from Gateway Street, which are existing curb' cuts. Gateway is a
local street that feeds in to Franklin Trail and up to 160th Street or to HWY. 13. Traffic
congestion is expected to be minimized as it is directed from Gateway Street to Franklin
Trail, 160th Street and HWY. 13.
97-019PC.DOC 3
6. The proposed use shall preserve the objectives of this Ordinance and shall be
consistent with the Comprehensive Plan.
The Comprehensive Plan designates this property as C-CC Retail Shopping
(Community).
The performance standards are set forth in Section 7.5(D) and relate to the following
factors;
u Fire protection u Electrical disturbance,
· Noise · Vibrations,
· Odors · Air pollution,
· Glare * Erosion,
· Water pollution.
The proposed project is not expected to result in any of the nuisance factors set forth in
the performance standards and is thus consistent with these standards.
CONDITIONAL SIGN PERMIT
The sign ordinance requires that any signs on uses that are conditional require approval as
a Conditional Sign Permit. Only signs representing "Personal or professional services"
are conditional. Retail business signs are permitted. The total maximum allowed area is:
Wall Signs Cannot exceed 20% front facade, maximum area of each si~n is 200 sn. feet.
Allowable sign area facing Gateway Street is 350 square feet; Facing
HWY. 13 is 640 square feet (can be placed on north or west walls). The
applicant is proposing 133 square feet of signage facing Gateway Street,
197 square feet on the north wall facing HWY. 13 and 82 square feet on
the west wall facing HWY. 13.
Monument Can have 2 sides of 120 souare feet maximum each side. no higher than I0' abov~
Signs the eenterline ~rade. and setback 10 feet from nfo_hetty line.
The applicant is proposing a 12 by 10 foot monument sign, setback 10 feet
and less than two feet above the centerline grade of HWY. 13.
The applicant meets the requirements of the sign ordinance as to size, area type and
location for conditional and permitted signs.
97-019PC.DOC 4
Adopt Resolution 97-07PC, (recommending the City Council approve the CUP for
Lemke Professional Building) and Resolution 97-08PC, (approving the conditional
sign permit) as presented or with changes recommended by the Commission.
Continue the public hearing to a date and time certain to allow the developer
and/or staff to provide additional information specifically requested by the
Planning Commission.
Based upon expressed findings of fact, recommend the City Council deny part or
all of the applications based upon inconsistency of the proposal with specific
regulations of the Zoning and Subdivision Ordinances and/or specific policies of
the Comprehensive Plan.
RECOMMENDATION:
Staff recommends Alternative # I. Resolution 97-08PC approving the Conditional Sign
Permit contains no conditions. Resolution 97-07PC approving the CUP contains the
following conditions:
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 revised site plan indicating:
· adequate snow storage along Gateway Street (as approved by City Engineer);
· a loading berth (can be a designated parking stall).
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.
5. The applicant must submit a grading plan with proposed contours and erosion control
to be approved by City Engineer.
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.
97-019PC.DOC 5
7. The applicant must submit a Topographical Survey that is at an engineering scale and
signed by a registered land surveyor.
8. A permit will be required ifa storm sewer pipe is outletted into the T.H. 13 right-of-
way.
9. The improvements must be done before certified copies of the resolution are released
for record'rog 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).
ACTION REOUIRED:
Motions to adopt the proposed resolutions as written or with changes directed by the
Planning Commission.
97-019PC.DOC 6
RESOLUTION 97-08PC
A RESOLUTION GRANTING A CONDITIONAL SIGN PERMIT TO PERMIT
A MONUMENT SIGN AND WALL SIGNS FOR A CONDITIONAL USE
(PERSONAL AND PROFESSIONAL SERVICES) ON PROPERTY LOCATED
AT 5116 GATEWAY STREET (LEMKE PROFESSIONAL BUILDING) FOR
LEMKE CHIROPRACTIC
WHEREAS, Lemke Chiropractic has applied for a Conditional Sign Permit as
required by Section 7.6 of the Zoning Ordinance in order to permit a monument sign and
wall signs for a use requiring a conditional use permit at the following location, to wit:
5116 Gateway Street, legally described as: 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 comer of said Southwest Quarter of the Southwest Quarter;
thence East along the South line thereof a distance of 393.00 feet to a point hereinatter 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 leit 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-of-way line of State Trunk Highway No. 13 a
distance of 143.62 feet to the Southeasterly right-of-way line of said State Trunk Highway No. 13;
thence Southwesterly along said right-of-way line to its intersection with a line drawn North at right
angles to the South line of said Southwest Quarter of the Southwest Quarter fi.om 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 fi.om the actual point of beginning; thence East
along said parallel line to the actual point of beginning.
WHEREAS, the Planning Commission has reviewed the application for
conditional sign permit as contained in Case #97-019 and held hearings thereon on March
24, 1997; and
WHEREAS, the Planning Commission has considered the effect of the proposed
sign upon the property in the surrounding area and the effect of the proposed sign on
traffic; and
WHEREAS, because of conditions on the subject property and on the surrounding
property, it is possible to use the subject property in such a way that the proposed sign
will not danger to the public safety, have a negative impact on surrounding property or
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
traffic, and unreasonably diminish or impair health, safety, comfort, morals or in any
other respect be contrary to the Zoning Ordinance; and
WHEREAS, the contents of Planning Case 97-019 are hereby entered into and
made a part of the public record and the record of decision for this ease. Pursuant to
Section 5-7-16 of the Ordinance Code the sign permit will be deemed to be null and void
six (6) months from the date of approval if the holder of the sign permit has failed to
complete the contemplated improvements.
NOW, THEREFORE, BE IT RESOLVED BY the Planning Commission of the City
of Prior Lake, Minnesota:
A conditional sign permit is granted to permit the construction of a monument sign and
wall signs for Lemke Professional Building as proposed in Exhibit A (the site plan
submitted with the conditional sign permit application contained in Case file 9%019,
dated March 12, 1997), attached to and made a part of the resolution.
Adopted by the Board of Adjustment on March 24, 1997.
ATTEST:
William Criego, Chair
Donald R. Rye, Planning Director
1:\97files\97cup\97-O 19~'¢s97-OS.doc 2
RESOLUTION 97-07PC
RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE THE CONDITIONAL
USE PERMIT FOR LEMKE PROFESSIONAL BUILDING.
MOTION BY:
SECOND BY:
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
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 Professional Building; 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 for Lemke Professional
Building; and
the Planning Commission finds the proposed use consistent with the
Year 2010 Comprehensive Plan; and
the Planning Commission finds the CUP of Lemke Professional Building
in harmony with both existing and proposed development in the area
surrounding the project; and
the Planning Commission fmds the proposed CUP of Lemke Professional
Building 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 Lemke Professional Building 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.
RES97-07.DOC
16200 E/aTgle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING
COMMISSION OF THE CITY OF PRIOR LAKE, MINNESOTA, that it
recommends the City Council approve the CUP for Lemke Professional Building 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 revised site plan indicating:
· adequate snow storage along Gateway Street (as approved by City Engineer);
· a loading berth (can be a designated parking stall).
4. The applicant must submit a utility plan indicating location and hook-up of utilities
(sewer and water) and storm sewer and mn-off directions. The applicant will be
responsible for disconnection of hook-ups not used on the site, upon construction of
building.
5. The applicant must submit a grading plan with proposed contours and erosion control
to be approved by City Engineer.
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.
7. The applicant must submit a Topographical Survey that is at an engineering scale and
signed by a registered land surveyor.
8. A permit will be required if a storm sewer pipe is outletted into the T.H. 13 right-of-
way.
The improvements must be done before certified copies of the resolution are released
for recording at the ~ounty. 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).
RES97-07.DOC
JT
Passed and adopted this 24th day of March, 1997.
YES
CREIGO CREIGO
KUYKENDALL KUYKENDALL
LOFTUS LOFTUS
WUELLNER WUELLNER
VONHOF VONHOF
NO
Bill Creigo, Chair
Planning Commission
Donald Rye, Director of Planning
City of Prior Lake
RES97-07.DOC
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Property Identification No. ~l
City of Prior Lake
LAND USE APPLICATION
16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245
Type of Application:
[] Rezoning, from (present zoning)
to (nrooosed zoning)
[] Amendment to City Code, Comp. Plan or City Ordinance
[] Subdivision of Land
[] Administrative Subdivision
~ Conditional Use Permit
[] Variance
[] Other:
Brief description of proposed project (attach additional
sheets/narrative if desired)
Applicable Ordinance Section(s):
Applicant(s):
Address: / 9/~-,.?f/
Home Phone:.
Work Phone: ~,~ -- ~ ,~'~-
Property Owner(s) [If different from Applicants]:
Address:
Home Phone:
Type of Ownership: Fee __
Work Phone:
Contract for Deed Purchase Agreement
Legal Description of Property (Attach a copy if there is not enough space on this sheet):
To the~st of my kn/o~'l~e the information provided in this application and other material submitted is correct. In
~flition,/~ have rea/~ the/~)evant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
~s will n/~e~e~s~sed until deemed complete by the Planning Director or assignee. ~
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
i
NOTICE OF HEARING FOR CONDITIONAL USE PERMIT
You are hereby notified that the Pdor Lake Planning Commission will hold a hearing at Pdor Lake Fire
Station #1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21 and Fish Point
Road), on Monday. March 24. 1997. at 6:30 o.m. or as soon thereafter as oossible.
APPLICANT:
Paul W. Lemke
14624 Wilds Parkway
Prior Lake, MN 55372
SUBJECT SITE:
5116 Gateway Street
This property is located north of Gateway Street, southeast of Highway 13, west
of Jordan Avenue and east of Franklin Trail.
LEGAL
DESCRIPTION:
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 393.00
feet to a point hereinafter referred to as point A; thence North at dght 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 fi.om the Southeasterly right-of-
way line of State Trunk Highway No. 13 a distance of 143.62 feet to the
Southeasterly right-of-way line of said State Trunk Highway No. 13; thence
Southwesterly along said right-of-way 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 beginning.
REQUEST:
The applicant is proposing to construct a professional office building and the
accessory signs at the above location, zoned B-3 (General Business). The Prior
Lake Zoning Ordinance requires a conditional use permit for this use in the B-3
distdct.
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 MARCH 8, 1997
1:\97ffies~97cup\97-019~97019pn.doc
16200 Ea§le Creek Ave. S.E., Prior Lake, [V[innesota 55372-1714 / Ph. (6[2) 447-4250 / Fax (6[2) 447*4245
AN EQUAL OPPORTUNITY EMPLOYER
INTEROFHCE MEMORANDUM
TO: PLANNING
FROM: Ralph Teschner
RE: Lemke Professional Office Bldg.
(assessment/fee review)
DATE: March 5, 1997
Dr. Paul Lemke proposes to construct a professional office building on a 2.0 acre tract in 36-115-
22 (PIN #25 936 012 1). This area was originally served with water utilities on the east side of
the property abutting Franklin Trail under Project 72-4 and was assessed 600' of frontage for
water main only. The portion of the property abutting Highway 13 was served with both sewer
and water utilities under Project 72-6 and was assessed 888.23' of frontage for sewer and
700.45' for water plus a trunk acreage charge for the entire site. In 1982 the property was
charged for stormwater improvements under Project 81-2.
There are no other city charges which would be applicable to this property unless the property
would be formally subdivided.
There are no outstanding special assessments currently certified against the property. Also, the
tax status of the property is current with no outstanding delinquencies.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
4B
Conduct public hearing to consider a conditional use
permit (CUP) and variances for Northgate Office
Building (Case 897-015)
Ronn Hechter
15900 Franklin Trail, located on the east side of Franklin
Trail, north of 160th Street, south of T.H. 13.
Jenni Tovar ,,~X~"'
X YES __NO-N/A
March 24, 1997
The City received an application for a Conditional Use Permit (CUP) from Ronn Hechter
on February 24, 1997, The applicant proposes to construct a retail/office building. The
proposed building will be 15,701 square feet. The building will be leased for retail and
office use with a proposed fast food establishment. At this time there are no signed lease
agreements and the number of tenants are unknown. The applicant is anticipating a
bagel/coffee shop to occupy the space designated as fast food. The property is zoned B-1
Limited Business. "Fast food" is a conditional use in the B-1 zone and retail businesses
and offices and personal services are permitted uses.
The proposed CUP should be reviewed in accordance with the criteria found in Section
7.5(C) of the Zoning Ordinance. Section 7.5(C) provides that a conditional use shall b~
approved if it is found to meet specific criteria. The criteria are discussed on the
following pages.
16200
The subject site consists of 1.53 acres located at 15900 Franklin Trail, north of 160th
Street (see Site Location Map). The site is surrounded by commercial and office uses.
Directly to the east are the district offices of the school district, to the north and south is a
street right-of-way, further north is Norex Corporation (office) and to the west
97-015PC DOC 1
E~le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNFFY EMPLOYER
Rademacher's Super Valu and retail center. Property to the east is zoned C-1
Conservation District (school property) and property to the south, beyond Westwood
Drive, is zoned R-3 Multiple Residential. Attached is a zoning location map. The
proposed building and required improvements will occupy the entire site.
CONDITIONAL USE PERMIT ANALYSIS:
Section 7.5(C) sets forth several criteria for approval of a CUP. These criteria and the
staff analysis of compliance with these criteria are set forth below;
1. The proposed use conforms to the district permitted and conditional use
provisions and all general regulations of this Ordinance.
The proposed use is consistent with the conditional use and permitted use provisions for
the B-1 Limited Business zoning district. The applicant is requesting a 10 foot variance
to permit a rear yard setback of 20 feet rather than the required 30 feet. The applicant is
also requesting a variance to allow 90 parking stalls rather than the 156 stalls required
(see #5 below). The proposed use conforms to all other general regulations of the Zoning
Ordinance (upon satisfaction of conditions and granting of variances). If variances are
not granted, the proposed use remains a viable option with the redesign of the site layout.
2. The proposed use shall not involve any element or cause any conditions that may
be dangerous, injurious, or noxious to any other property or persons, shall
comply with the performance standards listed below.
The conditional use of the proposed development is fast food. Office and retail uses are
permitted in the B-1 zoning district. Adjacent neighborhood land uses are that of offices,
a bank, a retail center and a proposed professional/office building. The proposed
conditional use does not appear to be dangerous, injurious, or noxious to any other
property or persons.
3. The proposed use shall be sited, oriented and landscaped to produce harmonious
relationship of buildings and grounds adjacent to buildings and properties.
The following table depicts Landscape Requirements. At this time, the applicant has
not submitted a landscape plan, because the variances at hand will determine land
available for plantings. The applicant intends to meet the criteria of the ordinance and
has indicated berm and landscape island locations. The type and quantity of plantings
have yet to be determined. It is a condition of this CUP that a landscape plan meeting the
ordinance be submitted and approved by the Planning Department.
97-015PC.DOC 2
J'r
Trees
Parking Islands
Parking Screening
Other Screening
(Service Storage Areas)
Plans
Ordinance Requirement
31 Trees (1/40' perimeter of area
perimeter of 1234')
Entry areas to be landscaped
(no specific required plantings)
One every 180'
Combination of elements on
new parking lots
(Berm, plantings, fence)
6 Foot screen, combination of
fence/plantingfoerms.
Prepared by a Certified or
Registered Landscaped
Architect.
Applicant Proposal
Pending
Pending
N/A
Berm located along Franklin
Trail.
Trash enclosure
Plans not submitted
The survey indicates four significant trees (41 caliper inches) located in the northeastern
portion of the lot. The site plan indicates all of the significant trees will be preserved.
Credit will be given for each tree preserved on a one-to-one basis for each tree required as
part of the landscape plan.
4. The proposed use shall produce a total visual impression and environment which
is consistent with the environment of the neighborhood.
Building elevations do not indicate the type of material finishes to be used. The plans
must be revised to indicate the materials and must conform with the ordinance (Section 4-
7-2). Other buildings in the area are finished with brick and the retail center is finished
with stucco.
5. The proposed use shall organize vehicular access and parking to minimize traffic
congestion within the neighborhood.
The proposed project does not provide sufficient area £or vehicular parking. The
ordinance requires one stall for every 200 square feet of retail space, one stall for every
250 square feet of office space and one stall for every 15 square feet of fast food floor
area. The applicant is proposing 11,401 square feet of retail, 3000 square feet of office
and 1300 square feet of fast food. This is results in 156 stalls required. The applicant is
proposing 90 stalls. A variance is being requested. The applicant shows all parking areas
to be paved, striped, and curbed. A loading berth needs to be provided (5-5-6). This can
be a designated parking stall and must be indicated on the site plan or otherwise provided.
The applicant is proposing two access from Franklin Trail. Franklin Trail feeds into
160th Street or HWY. 13. Traffic congestion is expected to be minimized as it is directed
from Franklin Trail to 160th Street and HWY. 13.
97-015PCDOC 3
JT
6. The proposed use shall preserve the objectives of this Ordinance and shall be
consistent with the Comprehensive Plan.
The Comprehensive Plan designates this property as C-CC Retail Shopping
(Community).
The performance standards are set forth in Section 7.5(D) and relate to the following
factors;
· Fire protection · Electrical disturbance,
· Noise · Vibrations,
· Odors · Air pollution,
· Glare · Erosion,
· Water pollution.
The proposed project is not expected to result in any of the nuisance factors set forth in
the performance standards and is thus consistent with these standards.
The parcel is a vacant parcel measuring 477 feet long at the street and 140 feet wide.
This lot is 1.53 acres or 66,780 square feet. Therefore, this lot is a conforming lot under
the current Zoning Ordinance.
The required setbacks result in a building envelope that is 447 feet long and 80 feet deep
(see Building Envelope exhibit) and 35,760 square feet. The applicant is requesting a 10
foot variance to permit a rear yard setback of 20 feet.
Based on the proposed square footage and uses proposed, the requirement for parking is
156 stalls. The applicant is requesting 90 stalls. A 66 parking stall variance is being
requested. The applicant had originally proposed a drive-thru on the south side of the
building with a total of 87 stalls provided. The plan has been modified to eliminate the
drive-thru and accommodate more parking.
The variance to rear yard setback could be eliminated if the applicant adjusted the size of
the proposed building to meet the current setback requirements of 30 feet. The variance
to parking could be reduced or eliminated if the building size was reduced and/or the area
devoted to specific uses was modified (i.e. reduce the area designated for fast food). The
applicant has provided alternative layouts in attempting to reduce the variance requests
(see Alternative Layout exhibit).
97-015PC.DOC 4
JT
VARIANCE HARDSHIP STANDARDS
1. Literal enforcement of the Ordinance would result in undue hardship with
respect to the property.
This criteria goes to whether reasonable use can be made of the property if the
Ordinance is literally enforced. In this case, there is a legal alternative for the
applicant. The building size could be reduced to meet the setback requirement and
the accommodate parking requirement. A change of the proposed use area could also
reduce the number of parking stalls required. The building envelope can
accommodate either alternative.
2. Such unnecessary hardship results because of circumstances unique to the
property.
There are no unique circumstances in this case. The parcel is vacant and meets the
size and area requirements of the B-1 zoning district. There are no topographical or
vegetative features unique to this property. The applicant could reduce the size of the
proposed building/change the use to meet the required setbacks and parking while
maintaining a building that is reasonable in size and accommodating for retail/office
use.
3. The hardship is caused by provisions of the Ordinance and is not the result of
actions of persons presently having an interest in the property.
The lot is not considered to be substandard nor are there significant topographical
features warranting special conditions. It is over 35,000 square feet in area. If the
applicant reduces the size/use of the proposed addition, the setbacks and parking can
be met and variances will not be necessary. The applicant has control over the
proposed structure of which their size, location or use are not hardships.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
The intent of the ordinance can be met if modifications to the proposed development
are pursued. Perhaps if other buffers were being proposed (landscaping) that could
meet the intent, then the setback variance could meet the intent ant not be contrary to
the public interest. The intent of the parking requirements will clearly be avoided ifa
reduction in parking is allowed, with no over-flow parking such as on-street or shared
parking. The granting of the variance are contrary to the intent of the ordinance and
public interest.
97-OISPCDOC 5
JT
RECOMMENDATION:
Staffhas concluded that there are legal alternatives for which the applicant could
construct the proposed building. A reduction of the size of the building could meet the
rear yard setback requirement. Changes in the proposed use of the building could reduce
the number of required parking stalls. A combination of both of these changes is a viable
alternative to the granting of the variances.
Adopt Resolution 97-10PC (denying the requested variances) and table the CUP
review until April 14, 1997 to allow the applicant two weeks (until April 7, 1997)
to submit revised plans meeting the criteria of the city code as presented or with
changes recommended by the Commission.
Adopt Resolution 97-10PC (denying the requested variances) and recommend that
the City Council approve the CUP with specific conditions as requested by the
Planning Commission.
Based upon expressed findings of fact, recommend the City Council deny part or
all of the applications based upon inconsistency of the proposal with specific
regulations of the Zoning and Subdivision Ordinances and/or specific policies of
the Comprehensive Plan.
RECOMMENDATION:
Staff recommends Alternative #1 to deny the requested variance and table the CUP
request such that the applicant can address the following:
The applicant must submit a 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 Franklin Trail with
multiple elements (not just a berm).
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 revised site plan indicating:
· minimum parking stalls that meet the parking ordinance requirements
· a loading berth (can be a designated parking stall)
· minimum building setbacks that meet the setback ordinance requirements
97-015PCDOC 6
JT
The applicant must submit a utility plan indicating location and hook-up of utilities
(sewer and water) and storm sewer and nm-off directions. The applicant will be
responsible for sanitary sewer hook-up (see attached memos).
5. The applicant must submit a grading plan with proposed contours and erosion control
to be approved by City Engineer.
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.
7. The applicant must submit revised building elevations indicating the type of materials
to be used for the exterior fmish. The proposed materials must meet the architectural
standards as indicated in Chapter 4 of the City Code.
ACTION REOUIRED:
Motions to adopt the proposed Resolution 97-10PC as written or with changes directed
by the Planning Commission and a motion to table the CUP request to a specific date
(possibly April 14).
97-015PC.DOC 7
JT
RESOLUTION 97-10PC
A RESOLUTION DENYING A 10 FOOT VARIANCE REQUEST TO PERMIT A
20 FOOT REAR YARD SETBACK RATHER THAN THE MINIMUM
REQUIREMENT OF 30 FEET AND A 66 PARKING STALL VARIANCE
REQUEST TO PERMIT 90 PARKING STALLS RATHER THAN THE
MINIMUM REQUIREMENT OF 156 PARKING STALLS FOR A PROPOSED
RETAIL/OFFICE BUILDING (NORTHGATE CENTER)
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Ronn Hechter has applied for a variance from Section5-4-1 and Section 5-5-5 of the
Zoning Ordinance in order to construct a 15,701 square foot retail/office building on
property located in the B-1 (Limited Business) District at the following location, to
wit;
15900 Franklin Trail, legally described as: That part of the East 140.00 feet of the Southwest
Quarter of the Southwest Quarter, Section 36, Township 115, Range 22, Scott County, Minnesota
described as follows: Beginning at a point on the East line of said Southwest Quarter of the Southwest
Quarter distant 778.78 feet North of the Southeast comer thereof; thence Westerly parallel to the South
line of said Southwest Quarter of the Southwest Quarter a distance of 140.0 feet to the West line of
said East 140.0 feet; thence Southerly along said West line to the North line of the South 301.70 feet
of said Southwest Quarter of the Southwest Quarter; thence Easterly along said North line to the East
line of said Southwest Quarter of the Southwest Quarter; thence Northerly along said East line to the
point of beginning
1. The Board of Adjustment has reviewed the application for variance as contained in
Case #97-015 and #97-016 and held hearings thereon on March 24, 1997.
The Board of Adjustment has considered the effect of the proposed variance upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variance on the
Comprehensive Plan.
Because of conditions on the subject property and on the surrounding property, it is
possible to use the subject property in such a way that meets the requirements of the
Zoning Ordinance and Comprehensive Plan.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230
AN EQUAL OPPORTUNFi-Y EMPLOYER
Fax (612) 447-4245
3. There are no unique conditions applying to the subject property. The subject site is
vacant.
The granting of the variance is not necessary for the preservation and enjoymem of a
substantial property right of the applicant. The variance will serve merely as a
convenience to the applicants and is not necessary to alleviate demonstrable hardship
as legal alternatives exist.
5. The contents of Planning Case #97-15 and #97-16 are hereby entered into and made a
part of the public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
following variance for the proposed retail/office building (Northgate Center);
1. A 10 foot variance permitting a 20 foot rear yard setback instead of the
required 30 foot setback.
2. A 66 parking stall variance permitting 90 parking stalls instead of the required
156 parking stalls required.
Adopted by the Board of Adjustment on March 24, 1997.
ATTEST:
William Criego, Chair
Donald R. Rye, Planning Director
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ALTERNATIVES
INTEROFFICE MEMORANDUM
TO:
FROM:
RE:
DATE:
PLANNING ~'/
Ralph Teschner
Hechter - Prior Lake Mall Proposal
(assessment/fee review)
March 5, 1997
Ronn Hechter proposes to construct a strip mall on a 1.53 acre tract m 36-115-22 (PIN #25 936
008 0). This area was originally served with water utilities on the west side of the property
abutting Franklin Trail under Project 72-4 and was assessed 741' of frontage for water main
only. The property was also assessed trunk sewer and water acreage under Project 72-6. The
property has not been provided sewer service and therefore has not been assessed later frontage.
In 1982 the property was charged for stormwater improvements under Project 81-2.
There are no other city charges which would be applicable to this property unless the properW
would be formally subdivided. However since the property is presently not served with sewer,
the applicant would be responsible for the entire cost of providing sewer service if feasible.
There are no outstanding special assessments currently certified against the property. Also, the
tax status of the property is current with no outstanding delinquencies.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372~1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
NOTICE OF HEARING FOR CONDITIONAL USE PERMIT AND VARIANCES
You are hereby notified that the Prior Lake Planning Commission will hold a headng 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 Mondav. March 24. 1997. at 6:30 =.m. or as soon thereafter as c~ossible.
APPLICANT:
Ronn Hechter Co. Inc.
P.O. Box 167
Bayport, MN 55003
PROPERTY OWNER:
Ronn Hechter Co. lnc.
P.O. Box 167
Baypoff, MN 55003
SUBJECT SITE:
This properly is located on the east side of Franklin Trail, north of County Road
44 (160th Street).
LEGAL
DESCRIPTION
That part of the East 140.00 feet of the Southwest Quarter of the Southwest
Quarter, Section 36, Township 115, Range 22, Scott County, Minnesota
described as follows: Beginning at a point on the East line of said Southwest
Quarter of the Southwest Quarter distant 778.78 feet North of the Southeast
corner thereof; thence Westerly parallel to the South line of said Southwest
Quarter of the Southwest Quarter a distance of 140.0 feet to the West line of said
East 140.0 feet; thence Southerly along said West line to the North line of the
South 301.70 feet of said Southwest Quarter of the Southwest Quarter; thence
Easterly along said North line to the East line of said Southwest Quarter of the
Southwest Quarter; thence Northerly along said East line to the point of
beginning.
REQUEST:
The applicant is requesting a conditional use permit to allow an ~eating and
drinking place" or ~fast food establishment" at the above location, zoned B-1
(Limited Business). The Prior Lake Zoning Ordinance requires a conditional use
permit for this type of use in the B-1 District. The applicant is also requesting a
10 foot variance to allow a rear yard setback of 20 feet rather than the required
30 feet (Section 5-4-1) and a 63 parking stall vadance to allow a total of 87
parking stalls rather than the required 150 parking stalls (Section 5-5-5).
If you are interested in this issue, you should attend this hearing. The Planning Commission will accept oral
and/or written comments. Questions retated 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.
Jenni Tovar
Planner
City of Pdor Lake
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON MARCH 8, 1997
97015PN2. DOC
16200 Eagle Creek Ave. S.E., Prior Lake~ Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Planning Case File No.
Property Identification No.
City of Prior Lake
LAND USE APPLICATION
16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 44%4230, Fax (612) 447-4245
Type of Application:
[] Rezoning, from (present zonirlg~
to (orooosed zoning)
[] Amendment to City Code, Comp. Plan or City Ordinance
[] Subdivision of Land
I-~ Administrative $ °bdivisi°n
~ Conditional Use Permit
[] Other: ~"'~"~'"' ~ ~
Brief description of proposed project (attach additional
sheets/narrative if desired)
Applicant(s):
Address: Po, /~
Home Phone:
Property Owner(s) [If different from Applicants]:
Address:
Home Phone: Work Phone:
Type of Ownership: Fee ~/ Contract for Deed __ Purchase Agreement __
Legal Description of PropertyAAtta~f theft enough space on this sheet):
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 the Prior Lake Ordinance and procedural guidelines, and understand that
apes 71~cessed until deemed complete by the Planning Director or assignee.
Ap-pr~_ant's Si~na~r~ ' Date / / '
F~'e C~wner'~ Signa~r~ ~ 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:
j Signature of Planning Director or Designee
[u-app2.doc
Date
FEB 2 A 199¥ i,"
Property Identification No.
City of Prior Lake
-- LAND USE APPLICATION
16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 4474230, Fax (612) 4474245
Type of Application:
[] Rezoning, from (ores~llt zonine~
to (pronosed zonine]
[] Amendment to City Code, Comp. Plan or City Ordinance
[] Subdivision of Land
[] Administrative Subdivision
[] Conditional Use Permit
~Variance
[] Other:
Brief description of proposed project (attach additional
sheets/narrative if desired)
Applicant(s):
Address:
Home Phone:
Work Phone:
Property Owner(s) [If different from Applicants]:
Address:
Home Phone:. Work Phone:
Type of Ownership: Fee .?< Contract for Deed __ Purchase Agreement .
Legal Description of Property (Attach a copy if there is not enough space on this sheet):
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 the Prior Lake Ordinance and procedural guidelines, and understand that
Appli
- ' Date
(a~t's Signature
atner %C-Stign-a~ Date
THIS SPACE TO BE FILLED 1N 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
INNE$C.
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
6A
CAPITAL IMPROVEMENT PROGRAM 1998-2002
N/A
DONALD RYE, PLANNING DIRECTOR
YES X NO-N/A
MARCH 24, 1997
~ The Capital Improvement Program(CIP) is one of the tools
available to the City to assist in the implementation of the Comprehensive Plan. Each
year, the Commission has the opportunity to provide input to the development and
updating of the CIP if it so desires. Attached is a summary of the projects from the
current CIP. Staff will review these with the Commission to determine if the Commission
wishes to make any recommendations
DISCUSSION: During the first 4 years of the current CIP, street improvements range
from 72 to 86% of the total CIP costs. This drops to 15% in 2001 due to the inclusion of a
water treatment plant.
The bulk of capital improvements are for basic infrastructure items. The ability to include
additional projects is severely constrained by available financing. However, the
Commission should feel free to recommend projects which, in its' opinion ,will assist in
achieving Comprehensive Plan goals and objectives.
Do nothing.
Recommend such additional projects as the Commission may deem necessary.
ACTION REOUIRED: Motion specifying the desired action.
16200 E[,~t~cg~ ~[0c~:,°~ }I}I~k~.~aX~:~~T/} Ph. (612) 447-4230 / Fax (6~-4245
AN EQUAL OPPORTUNITY EMPLOYER
CAPSULE PROJECT SUMMARY
1997 CIP PROJECTS
Project Description
Fire Department
1. BunkerTumout Gear
2. Satellite Station Land Acquisition
Project Amount
5,000.00
35,000.00
city Cost
5,000.00
35,000.00
Tax Impact
Dollar Percentaoe
o.b.
c.b.
Park Department
3. ~
6' Rotary Mower
4. Basketball Court (Memorial)
5. Backstop (Willows)
6. Community Park Improvements
7. Ponds Athletic Complex Field Expansion
8. Neighborhood Park Playgrounds
9. Lakefront Park Improvements
(Trails)
10. Cardinal Ridge/Raspberry/Brooksville Parks
16,000.00 16,000.00 o.b.
5,000.00 5,000.00 c.p.
5,000.00 5,000.00 c.p.
15,000.00 15,000.00 c.p.
50,000.00 50,000.00 c.p.
50,000.00 50,000.00 c.p.
75,000.00 75,000.00 1.90
60,000.00 60,000.00 c.p.
0.32%
Public Works
11. 314 Ton 4x4 Pickup
12. Water Dist. Control Panel Computer Interface
13. Lift Station Renovation
14. New Municipal Well/Restoration Well ~5
(Imorovements)
15. Street Sealcoating
16. CSAH 42 Signal Maintenance
17. Pike Lake Trail Trunk Watermain
18. CSAH 21/Main Street Signal
19. Fish Point Road Extension (S. CSAH 44)
20. Mushtown Road
21. Pike LakeTrail
22. CSAH 42 (CSAH 21 to Femdale)
Water Reeoumes
(Imorovements)
23. Bluff Heights Storm Sewer
24. Sand Point Overflow Pipe
25. Fish Point Park Channel Stabilization
26. Cates/Dutch Avenue Channel Stabilization
Totals ...
20,000.00 20,000.00 o.b.
35,000.00 35,000.00 t.r.
95,000.00 95,000.00 t.r.
565,000.00 565,000.00 t.r.
65,000.00 65,000.00 1.55 0.27%
6,000.00 6,000.00 o.b.
30,000.00 30,000.00 t.r.
100,000.00 50,000.00 s.c.
224,000.00 224,000.00 s.c.
305,000.00 220,000.00 5.58 0.93%
445,000.00 35,000.00 t.r.
2,295,000.00 375,000.00 9.52 1.59%
320,000.00 t.r,
15,000.00 15,000.00 s.w.
30,000.00 30,000.00 s.w.
45,000.00 45,000.00 s.w.
48.000.00 48.000.00 S.W.
4,639,000.00 2,494,000.00
Financing Source Summary
Project Tax Levy
Operating Budget
Contributions
Storm Water Utility Fund
Capital Park Fund
Trunk Reserve Fund
Street Collector Fund
Special Assessments
Intergovernmental
Totals ...
Project Amount
735,000.00
47,000.00
35,000.00
138,000.00
185,000.00
1,080,000.00
274,000.00
495,000.00
1.650.000.00
4,639,000.00
Tax Impact
Dollar Percenta~e
$18.65 3.11%
CAPSULE PROJECT SUMMARY
1998 CIP PROJECTS
Project Description
Fire Department
1. BunkerTumout Gear
Park Department
2. Community Park Improvements
Neighborhood Park Playgrounds
4. Lakefront Park Improvements
{Trails)
5. Knob HillNVoodview Parks
Public Works
6. Lift Station Renovation
(Imomvement~
7. Street Sealcoating
8. Duluth Avenue Street Overlay
9. CSAH 23 Realignment
10. Street Overlay Program
(Imorovement.~,]
11. Westbury Ponds Dam
12. Storm Water Pond Dredging
13. Sand Point Park Water Quality Pond
14, Sunset Hills Storm Sewer Outlet
15. Duluth Avenue Storm Sewer Pipe
Financing Source Su'mmary
Project Tax Levy
Operating Budget
Storm Water Utility Fund
Capital Park Fund
Trunk Reserve Fund
Municipal State Aid Fund
Special Assessments
Intergovernmental
Totals ...
Totals ...
Project Amount City Cost
Tax Impact
~ P- ercerl3ag.~
5,000.00' 5,000.00 o,b.
15,000.00 15,000.00 c,p.
66,000.00 66,000.00 c.p.
75,000.00 75,000.00 1.87 0,30%
36,000.00 36,000.00
88,000.00 88,000.00 t.r.
65,000.00 65,000.00 1,62 0.26%
340,000,00 115,000.00 2.87 0.47%
100,000.00 m.s.a
800,000.00 340,000.00 m.s.a.
1,035,000.00 620,000.00 15.48 2.50%
6,000.00 6,000.00 s.w.
8,000.00 8,000.00 s.w.
10,000.00 10,000.00 s.w,
11,000.00 11,000,00 s.w.
13.000.00 13.000.00 s.w.
2,573,000.00 1,573,000.00
Tax Impact
Dollar P.i[r,P, illag~
$21.84 3.53%
Project Amount
875,000.00
5,000.00
48,000.00
117,000.00
86,000,00
440,000.00
590,000.00
410.000.00
2,573,000.00
Project Description
CAPSULE PROJECT SUMMARY
1999 CIP PROJECTS
Project Amount
Fire Department
1. BunkerTumout Gear
2. Fire Chief Vehicle
3. Grass Fire Truck
Park Department
4. Community Park Improvements
5. Neighborhood Park Playgrounds
6. Lakefront Park Improvements
7. Bobcat
8, Cushman Field Maintainers (2)
9, Toro Mowers (2)
10. Dump Truck I Ton
11. Pickup Trucks 3/4 Ton (2)
Public Works
12. Skid Loader
13. Wing & Plow
14. Suburban
15. Pickup Truck 1 Ton 4x4
16. Utility Pickup Truck 1 Ton 4x4
17. Pickup Trucks 3/4 Ton 4x4 (2)
18. Front End Loader
19. Dump Trucks (4) w/plow,wing,sander
20. Lift Station Renovation
(Imcmvemenl;~}
21. Street Sealcoating
22. Street Overlay Program
23. CSAH 42 (CSAH 21 to western city limits)
Water Resources
EmDrovements}
24. Center Road Water Quality Pond
25. Cates Street Dam
26. Storm Water Pond Dredging
27. Brooksville Hills 6th Storm Sewer Line
Financing Source Summary
Project Tax Levy
Equipment Certificates
Operating Budget
Storm Water Utility Fund
Trunk Reserve Fund
SPecial Assessments
Intergovernmental
Totals ...
Totals ...
City Coat Tax Impact
Dollar ~
6,000.00 6,000.00 o.b.
25,000.00 25,000.00 e.c.
25,000.00 25,000.00 e.c.
40,000.00 40,000.00 c.p.
24,000.00 24,000.00 c.p.
100,000.00 100,000.00 2.45 0.38%
18,000.00 18,000.00 e.c.
27,000.00 27,000.00 e.c.
32,000.00 32,000.00 e.c.
34,000.00 34,000.00 e.c.
42,000.00 42,000.00 e.c.
10,000.00
15,000.00
30,000.00
35,000.00
40,000.00
60,000.00
80,000.00
240,000.00
76,000.00
65,000.00
900,000.00
2,385,000.00
10,000.00
15,000.00
30,000.00
35,000.00
40,000.00
60,000.00
BO,OOO.0O
240,000.00
76,000.00
t.r.
905,000.00
713,000.00
6,000.00
67,000.00
64,000.C0
261,000.00
360,000.00
2.000.000.00
4,376,000.00
Project Amount
5,000.00 5,000.00 s.w.
10,000.00 10,000.00 s.w.
20,000.00 20,000.00 s.w,
4,376,000.00 2,016,000.00
Tax Impact
Dollar Percentaae
$22.18 3.46%
65,000.00 1.59 0.25%
540,000.00 13.24 2.07%
200,000.00 4.90 0.76%
185,000.00 t.r.
10.
11.
Project Description
CAPSULE PROJECT SUMMARY
2000 CIP PROJECTS
Project Amount
Fire Department
Bunker Turnout Gear
Park Department
Memorial Park Field Upgrade
Neighborhood Park Playgrounds
Lakefront Park Improvements
Public Works
Lift Station Renovation
(l~norovements}
Trunk Watermain (CSAH 21 to CSAH 42)
Street Sealcoating
Fish Point Road/Faidawn Shores Trail Oveday
Street Oveday Program
Water Resources
[Imorovements)
Storm Water Pond Dredging
Cares Street Dam (Phase II)
Totals ,,,
Financing Source Summary
Project Tax Levy
Operating Budget
Storm Water Utility Fund
Capital Park Fund
Trunk Reserve Fund
Municipal State Aid Fund
Special Assessments
Totals .,,
7,000.00
City Cost Tax Impact
Dollar Pementa_~e
7,000.00 o.b.
45,000.00 45,000.00 c.p.
26,000.00 26,000.00 c.p.
100,000.00 100,000.00 2.40 0.36%
81,000.00 81,000.00 t.r.
55,000.00 55,000.00 t.r.
65,000.00 BS,000.00 1.56 0.24%
815,000.00 490,000.00 m.s.a
1,220,000.00 800,000.00 19.22 2.92%
15,000.00
2,454,000.00
Project Amount
965,000.00
7,000.00
40,000.00
71,000.00
136,000.00
490,000.00
745.000.00
2,454,000.00
15,000.00 s.w.
25.000.00 s.w.
1,709,000.00
Tax Impact
Dollar Percentaoe
$23.18 3.52%
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
6B
CONSIDER APPROVAL OF FORMATION OF TAX
INCREMENT FINANCING DISTRICT NO. 2-8
JANE KANSlER, PLANNING COORDINATOR
YES X NO-N/A
MARCH 24, 1997
The purpose of this item is to consider approval of the formation of Tax
Increment Financing (TIF) District No. 2-8. This district is a part of Development
District No. 2, which is the Waterfront Passage Business Park. TIF District No.
2-8 is approximately 1.65 acres located along the east side of Fish Point Road,
directly north of Keyland Homes. The property is currently vacant, and is zoned
BP (Business Park). Upon inclusion in the Development District, a private
developer will construct a 12,000 square foot manufacturing/warehouse facility.
Minnesota statutes require the Planning Commission to review the formation of
TIF districts for compliance with the Comprehensive Plan. The Planning
Commission must make a recommendation to the Council.
Development District No. 2 was formed to promote development of certain
property, secure additional industrial, commercial, and housing development and
redevelopment opportunities, increase property subject to taxation, provide
public improvements to development properties, and designate methods for
financing of activities in the Development District. The purpose of the proposed
TIF District 2-8 is to finance the development activities of this site.
This site is designated as C-BO (Commercial - Business Office Park) on the
2010 Comprehensive Plan. The property is also zoned BP. The proposed use
of the property is consistent with both the land use plan designation and the
zoning.
1:\97files\97eda\tif2-8\tif2-Spc.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
1. Recommend approval of the formation of TIF District No. 2-8 to the City
Council, finding that the proposed use is consistent with the Comprehensive
Plan.
2. Recommend denial of the formation of TIF District No. 2-8 to the City Council,
finding that the proposed use is not consistent with the Comprehensive Plan.
A motion to recommend approval of the formation of TIF District No. 2-8, finding
that the proposed use of the property is in compliance with the Comprehensive
Plan.
1:~97files~97eda~f2-8\fif2-8pc.doc Page 2
Z ~<~
{3:::Z
PLANNING COMMISSION ANNUAL REPORT FOR 1996
According to the Planning Commission bylaws, each year the Planning Commission must
prepare an annual report. This report consists ora review of a review of the accomplishments
and activities in the previous year. Attached to this report is a copy of the 1996 Planning
Commission Goals. The annual report also lists the goals and objectives established by the
Planning Commission for the upcoming year.
~;UMMARY OF 1996 PLANNING COMMISSION ACTIVITIES
During 1996, the Planning Commission reviewed 1 conditional use permit application, 2
conditional sign permit applications, 25 variances applications, 2 rezoning requests, 4 appeals to
the decision of the Zoning Officer, 1 amendment to a PUD, and 2 preliminary plats. The
Commission also reviewed and made recommendations on 16 amendments to the Zoning
Ordinance. Some of the major amendments reviewed by the Commission, and ultimately
adopted, include the following:
· Establish a time limit for an approved variance and conditional use permit
· Allow the reduction of one side yard setback on substandard lots
· Allow replacement of nonconforming decks without a variance
· Revise the home occupation provisions
· Establish standards for communication equipment buildings
· Revise the definition of impervious surface
· Establish standards for game rooms in the B-3 district
The Planning Commission also reviewed and recommended approval of a Housing Action Plan
as an amendment to the Comprehensive Plan.
The Planning Commission has also begun its review of a new ordinance. This review is
ongoing, and the Commission expects to hold public hearings in the Spring of 1997.
In summary, the Planning Commission has substantially met its goals for 1996.
1997 GOALS AND OBJECTIVES
The following is a brief list of work objectives prepared by the Planning Commission and the
Planning staff.
1. Complete the revision of the Zoning Ordinance
2. Revise the City Subdivision Ordinance
l:\deptwork\96annrpt.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
3. Develop and conduct training workshops for the Planning Commission members
4. Review the ordinance enforcement procedures and mechanisms
As mentioned above, the Planning Commission has begun its review of the new Zoning
Ordinance. Work on the Subdivision Ordinance will begin once the Zoning Ordinance is
adopted. The other goals will be ongoing.
l:\dept~vork\96 anncpt .doc Page 2
1996 PLANNING COMMISSION GOALS
Following is a list of possible goals for consideration and discussion by the Planning
Commission.
1. Amendment of the Zoning and Subdivision Ordinances
Timeframe:
Following adoption of the Comprehensive Plan by the City Council, work will
begin on modifications to the ordinances which are required to implemem the
goals, objectives and policies of the Comprehensive Plan. A number of study
sessions will likely be required to support this process. Specific topics which will
require attention include;
Creation of new zoning districts and standards for commercial
development along the County Road 42 corridor,
Update of the City's PUD ordinance,
Review of standards for office and industrial development in the City,
Streamlining of the City's development review process, particularly for
subdivisions,
Review of standards for housing development in light of affordable
housing objectives.
2. Development and Adoption of a Housing Action Plan
Timeframe:
The Metropolitan Livable Communities Act requires the development of an action
plan to implement the community's housing goals. A part of this plan would
dovetail with thc review of standards for housing development.
Develop a Coherent Strategy for the Development of the City's Commercial
and Industrial Districts
Timeframe:
The Comprehensive Plan identifies more area in the City for commercial or
industrial development, and the need for a cohesive approach to economic
development. The accomplishment of this goal should involve joint Planning
Commission/City Council/Economic Development Committee study sessions.
Review of Conditional Use Permit, Home Occupation Permit, Variance,
Vacation and Subdivision Applications.
Timeframe: Ongoing