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HomeMy WebLinkAbout02-85 Gleason Gym CUP L:\TEMPLA TE\FILEINFO.DOC August21,2002 Larry Gleason 2015 Silver Bell Road Eagan, MN 55122 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the August 26, 2002, Planning Commission meeting. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. If you have any questions, please contact me at 447-9810. Sincerely, Connie Car&on Connie Carlson Planning Dept. Secretary Enclosure I:\deptwork\blankfrm\meetltr.doc 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER AGENDA ITEM: SUBJECT: APPLICANT: SITE: PRESENTER: PUBLIC HEARING: DATE: PROPOSAL/SUMMARY: PLANNING REPORT 5A PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT TO ALLOW A 5,000 SQUARE FOOT GYMNASTIC SCHOOL IN THE C-5 (BUSINESS OlililCE PARK) DISTRICT (CASE FILE #02-85) LARRY GLEASON 5500 COTTONWOOD LANE CYNTHIA KIRCHOFF, PLANNER X YES NO-N/A AUGUST 26, 2002 Larry Gleason is requesting a conditional use permit (CUP) to operate a 5,000 square foot gymnastics school (Gleason's Gymnastics School) for children ages 3 to 16 in the C-5 (Business Office Park) zoning district on property located at 5500 Cottonwood Lane. Gymnastic schools are a conditional use in the C-5 zoning district. In the 2020 Comprehensive Plan, the property is designated as Business Office Park, which provides for developments that have a low traffic generation rate. Primary uses are corporate headquarters; and professional and administrative offices; and limited research, development and manufacturing facilities. BACKGROUND: On July 15,2002, the City Council approved a zoning ordinance amendment to increase the allowable square footage of a gymnastic school in the C-5 zoning district from 4,000 to 10,000 square feet. The use is also subject to minimum parking requirements and separation from loading zones. In 1998, a CUP was issued for the applicant's gymnastic school on property located at 17001 Fish Point Road (Waterfront Passage Business Park). The applicant has since vacated the space and is seeking to relocate in Prior Lake. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Planning Report - Gleason's Gymnastic School CUP August 26, 2002 Page 2 APPLICABLE REGULATIONS: The requested conditional use permit should be reviewed in accordance with the criteria found in Section 1102.1403 and Section 1108 of the City Code. Section 1102.1403 includes the specific conditions for gymnastic schools. Section 1108 includes the general CUP criteria. ANALYSIS: The applicant is requesting a conditional use permit to operate a gymnastic school in a multi-tenant building located at 5500 Cottonwood Lane. Office and warehouse uses currently occupy the 33,400 square foot building. According to the site plan submitted by the applicant, 95 parking stalls are present on the site. The school portion of the leased space is proposed to be 5,000 square feet and the warehouse an additional 5,000 square feet. The school and warehouse spaces are proposed to be separated by a chain link fence. The Zoning Ordinance permits a gymnastic school as a conditional use in the C-5 zoning district. Section 1102.1403 (6) of the Zoning Ordinance sets forth the following conditions to minimize the impact of the use on adjacent properties: a. The use occupies no more than 10,000 square feet of floor area in the principal structure. b. A minimum of one parking space per 300 square feet of floor area or 1 stall per 2 students shall be provided, whichever is greater. c. The use shall provide a designated drop-offlpick-up area for students that is physically separated from truck loading and unloading areas. Finding: The proposed use complies with the standards for gymnastic schools required by the Zoning Ordinance. The proposed school will occupy 5,000 square feet of the principal structure, with an additional 5,000 square feet of warehouse space. The proposed use will require 17 parking stalls for the school and three for the warehouse (one space per 1,500 square feet) portion of the space for a total of20 stalls. It appears as though the minimum number of parking stalls for all uses can be accommodated on the site, based upon the site plan submitted by the applicant. Also, the site plan indicates a designated "drop off area" in the parking lot, adjacent to the lease space. This area is separated from the truck loading zone by the building itself. CONDITIONAL USE PERMIT (CUP) FINDINGS Section 1108.200 of the City Code sets forth the criteria for approval of a CUP. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. 1:\02files\02cup\02-085 gleason\pc report. doc Planning Report - Gleason's Gymnastic School CUP August 26, 2002 Page 3 One of the objectives of the Comprehensive Plan is to "encourage of diversified economic base and a broad range of employment opportunities." Furthermore, a goal of the Comprehensive Plan is to "create an environment in which all citizens have the opportunity to develop their full potential." The proposed use is consistent with the objectives and goals of the Comprehensive Plan. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. This proposal will not be detrimental to the health, safety and general welfare of the community. The use complies with the standards in the Zoning Ordinance as they pertain to parking and separation from loading zones. (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. The proposed school is consistent with applicable provisions of the Zoning Ordinance and intent of the C-5 (Business Park) use district, which is to promote high standards of design and construction for business park uses in the City. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The proposed gymnastic school has adequate public facilities available, including streets and utilities. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The proposed use will not have an undue adverse impact on adjacent uses, provided the standards in the Zoning Ordinance are complied with and all conditions of approval are met. (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. Not applicable in this case. Site alteration is not proposed with this request. (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. Not applicable in this case. Utilities are currently in place for the site. (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 1:\02files\02cup\02-085 gleason\pc report. doc Planning Report - Gleason's Gymnastic School CUP August 26, 2002 Page 4 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. The proposed use will have to proceed through the building permit approval process, which will ensure that all requirements of the Zoning Ordinance and Building code are met. CONCLUSION: The existing building was built with Tax Increment Financing (TIP) assistance from the City. Under state law, the property owner may not utilize more than 15 percent of the floor area of the building for uses that do not qualify for TIP assistance. In order to meet this requirement, the applicant is limiting the size of the school to 5,000 square feet. Some concern has been expressed that the use could grow outside the current limits and jeopardize the TIF status. To prevent this, staff would suggest a condition limiting the area to 5,000 square feet as shown on the plan. The TIF district is scheduled to expire in 2006. After that date, the applicant could potentially amend the CUP to increase the size of the school. Staff recommends approval of the conditional use permit request, subject to the following conditions: 1. The applicant has 60 days from the adoption of the resolution by the City Council to complete the required improvements and record the conditional use permit at the Scott County Recorder's office. A building permit will not be issued until proof of recording of the permit has been submitted to the City. 2. The gymnastic school shall be limited to 5,000 square feet in floor area. 3. Twenty parking spaces shall be designated for the gymnastics school. 4. Signage shall be installed that identifies the loading/unloading area and designated parking stalls. ALTERNATIVES: 1. Recommend approval of the CUP subject to the above conditions. 1:\02fi1es\02cup\02-085 gleason\pc report.doc Planning Report - Gleason's Gymnastic School CUP August 26, 2002 Page 5 2. Table this item to a specific date, and provide the developer with direction on the issues that have been discussed. 3. Recommend denial of the request. RECOMMENDATION: The staff recommends Alternative #1. ACTION REQUIRED: Motion and second to recommend the City Council approve the CUP subject to the listed conditions. 1:\02fi1es\02cup\02-085 gleason\pc report.doc _ocation VlaJ 50 I o 50 Feet I __"~"---'--1 ~ w '" ~- c ~ o ~ ~ 1/ I ~._-~.-.. ~..." '~> ~~" N + A N EAGLE CREEK AVE/COUNTY ROAD 21 ~ . L_ _J_ "-- Warehouse I 1200",.. ..J / " / I --~--- Warehouse Warehouse 2sr..osq,tt Warehouse roO -1 ''lOOsq. I If' 7 r~:-l .....~I,:J-- Warehouse 13C()sq.n Rafl1) ,-" I I \./1 - ..., \.f I . I I COlTWTOl"lDoGfc rr-- __'h.. " ,."'J....~ t~_, ~~-: I J Island / I I ~, Rafl1) I....J Warehouse 2100 sq. ft. \.. .. ..J r- =:t Gleason's Gymnastics 5,000 sq. ft. suite #110 I I l, :::J / Gleason's Warehouse 5,000 sq. ft. suite #112 J, :::,J / Total Building 33,400 s.f. COTTONWOOD LANE '" / ) drop off area \ / , / , BUSINESS DESCRIPTION FOR GLEASON'S GYMNASTICS SCHOOL Gleason's Gymnastics School is in the business of teaching gymnastics to children, ages 3 to 16. Hours of operation are Monday through Friday, 9 AM to 9 PM; Saturday, 9 AM to 4 PM. One to three classes per hour are held with 6-10 children per class, or a total of 30 children. ~._~._...,......._,..,----------" ~.._-"-_..,--~--,.--'_~'~-+' August29,2002 Larry Gleason 2015 Silver Bell Road Eagan, MN 55122 Charles Anderson 5500 Cottonwood Lane Prior Lake, MN 55372 RE: Agenda and Agenda Report Attached is a City Council Agenda and Staff Report for the September 3, 2002, City Council meeting. The meeting will begin at 7:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting or have any questions, please contact me at 447-9810. Sincerely, Jane jI. '1(ansier Jane Kansier, AICP Planning Coordinator Enclosure I:\deptwork\blankfrm\meetlrcc.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT SEPTEMBER 3, 2002 9A CYNTHIA KIRCHOFF, PLANNER JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A GYMNASTICS SCHOOL ON PROPERTY LOCATED AT 5500 COTTONWOOD LANE (CASE FILE #02-085) Historv: Larry Gleason has filed an application for a Conditional Use Permit (CUP) to allow a 5,000 square foot gymnastics school (Gleason's Gymnastic School) on property located at 5500 Cottonwood Lane. This site is zoned C-5 (Business Park). No variances are required in conjunction with this request. The Zoning Ordinance permits a gymnastics school as a conditional use within the C-5 zoning district. Current Circumstances: Section 1101.1403 (6) of the Zoning Ordinance states the following: Gymnastic Schools. Conditions: a. The use occupies no more than 10,000 square feet of floor area in the principal structure. b. A minimum of one parking space per 300 square feet of floor area or 1 stall per 2 students shall be provided, whichever is greater. c. The use shall provide a designated drop-off/pick-up area for students that is physically separated from truck loading and unloading areas. Mr. Gleason is requesting a conditional use permit in order to operate a 5,000 square foot gymnastics school with an additional 5,000 square feet of related warehouse space within a multi-tenant building (which houses office and warehouses uses) on the subject property. The warehouse portion is a permitted use within the C-5 zoning district. On August 26, 2002, the Planning Commission held a public hearing on this request. John Muench, of Norex Corporation, questioned the 1:\02fi1es\02cup\02-085 gleason\cc report. doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER hours of operation of the school and expressed concern regarding additional traffic. The applicant responded that the majority of the students attend school during the day, thus the peak hours of lessons are from 4:00 to 9:00 p.m., which is generally opposite of the office and warehouse occupants of the multi-tenant building. The Planning Commission unanimously recommended approval of this amendment subject to the following conditions: 1. The applicant has 60 days from the adoption of the resolution by the City Council to complete the required improvements and record the conditional use permit at the Scott County Recorder's office. A building permit will not be issued until proof of recording ofthe permit has been submitted to the City. 2. The gymnastics school shall be limited to 5,000 square feet in floor area. 3. Twenty parking spaces shall be designated for the gymnastics school. 4. Signage shall be installed that identifies the loading/unloading area and designated parking stalls. The Issues: The proposed Conditional Use Permit should be reviewed in accordance with the criteria found in Section 1108 of the City Code. These criteria along with staff suggested findings are listed below. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. One of the objectives of the Comprehensive Plan is to "encourage of diversified economic base and a broad range of employment opportunities." Furthermore, a goal of the Comprehensive Plan is to "create an environment in which all citizens have the opportunity to develop their full potential." The l'Lul'osed use is consistent with the objectives and goals ofthe Comprehensive Plan. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. This proposal will not be detrimental to the health, safety and general welfare of the community. The use complies with the standards in the Zoning Ordinance as they pertain to parking and separation from loading zones. 1:\02fi1es\02cup\02-085 gleason\cc report. doc Page 2 (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. The proposed school is consistent with applicable provisions of the Zoning Ordinance and intent of the C-5 (Business Park) use district, which is to promote high standards of design and construction for business park uses in the City. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The proposed gymnastics school has adequate public facilities available, including streets and utilities. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The proposed use will not have an undue adverse impact on adjacent uses, provided the standards in the Zoning Ordinance are complied with and all conditions of apl'~vval are met. (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. Not applicable in this case. Site alteration is not proposed with this request. (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. Not applicable in this case. Utilities are currently in place for the site. (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 1:\02fi1es\02cup\02-085 gleason\cc report.doc Page 3 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. The p~vposed use will have to proceed through the building permit approval process, which will ensure that all requirements of the Zoning Ordinance and Building code are met. The existing building was constructed with Tax Increment Financing (TIP) assistance from the City. Under state law, the property owner may not utilize more than 15 percent of the floor area of the building for uses that do not qualify for TIF assistance. In order to meet this requirement, the applicant is limiting the size of the school to 5,000 square feet. Some concern has been expressed that the use could grow outside the current limits and jeopardize the TIF status. To prevent this, staff would suggest a condition limiting the area to 5,000 square feet as shown on the plan. The TIP district is scheduled to expire in 2006. After that date, the applicant could potentially amend the CUP to increase the size of the gymnastics school. Conclusion: The Planning Commission and the staff recommend approval of the CUP with the following conditions: 1. The applicant has 60 days from the adoption of the resolution by the City Council to complete the required improvements and record the conditional use permit at the Scott County Recorder's office. A building permit will not be issued until proof of recording of the permit has been submitted to the City. 2. The gymnastics school shall be limited to 5,000 square feet in floor area. 3. Twenty parking spaces shall be designated for the gymnastics school. 4. Signage shall be installed that identifies the loading/unloading area and designated parking stalls FISCAL IMP ACT: BudJlet ImDact: There is no immediate budget impact as a result of this request. 1:\02fi1es\02cup\02-085 gleason\cc report. doc Page 4 ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: The City Council has three alternatives: 1. Adopt a resolution approving Larry Gleason's Conditional Use Permit, subject to the suggested conditions. 2. Deny the proposed amendment. In this case, the Council should direct the staff to prepare a resolution with findings of fact for the denial of these requests. 3. Defer consideration of this item for specific reasons. Staff recorrln)fndslflternative #1. A motion and second adopting a re~lutiO" arlfrOVi7g CUP for Larry Gleason is appropriate. ,W /' Frank oyle, Ci Manager 1:\02fi1es\02cup\02-085 gleason\cc report. doc Page 5 RESOLUTION 02-XX A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A GYMNASTICS SCHOOL IN THE C-5 ZONING DISTRICT ON THE PROPERTY AT 5500 COTTONWOOD LANE MOTION BY: SECOND BY: WHEREAS, The Prior Lake Planning Commission conducted a public hearing on August 26, 2002, to consider an application from the Larry Gleason for a Conditional Use Permit (CUP) to allow a gymnastics school in the C-5 Zoning District on the property located at 5500 Cottonwood Lane and legally described as follows: That part of Lot One (1), Block One (1), Waterfront Passage Addition, Scott County, Minnesota, described as follows: Commencing at the Northeasterly corner of said Lot 1, Block 1, thence North 62052'03" West (record bearing) along the Northeasterly line of said Lot 1, Block 1, a distance of 309.07 feet to the point of beginning of the land to be described; thence continuing North 62052'03" West a distance of 369.75 feet; thence South 31035'50" West a distance of 294.99 feet to the Southwesterly line of said Lot 1, Block 1; thence South 54014'04" East along said Southwesterly line a distance of 402.15 feet; thence North 33045'56" East a distance of 155.00 feet; thence North 59045'56" East a distance of 76.00 feet; thence North 29045'56" East a distance of 64.00 feet; thence Northwesterly a distance of 98.6 feet more or less, to the point of beginning, according to the U.S. Government Survey thereof, Scott County, Minnesota. WHEREAS, Notice of the public hearing on said CUP has been duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, 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 proposed CUP; and WHEREAS, The City Council considered the application for a CUP on September 3, 2002; and WHEREAS, The Planning Commission and City Council find the CUP in harmony with both existing and proposed development in the area surrounding the project; and WHEREAS, The Planning Commission and City Council find the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Section 1108 of the Zoning Ordinance. 1:\02fi1es\02cup\02-085 gleason\cc resolution.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. The recitals set forth above are incorporated herein as if fully set forth. 2. The City Council hereby adopts the following findings: a. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. One of the objectives of the Comprehensive Plan is to "encourage of diversified economic base and a broad range of employment opportunities." Furthermore, a goal of the Comprehensive Plan is to "create an environment in which all citizens have the opportunity to develop their full potential." The proposed use is consistent with the objectives and goals of the Comprehensive Plan. b. The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. This proposal will not be detrimental to the health, safety and general welfare of the community. The use complies with the standards in the Zoning Ordinance as they pertain to parking and separation from loading zones. c. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The proposed school is consistent with applicable provisions of the Zoning Ordinance and intent of the C-5 (Business Park) use district, which is to promote high standards of design and construction for business park uses in the City. d. The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The proposed gymnastics school has adequate publiC facilities available, including streets and utilities. e. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The proposed use will not have an undue adverse impact on adjacent uses, provided the standards in the Zoning Ordinance are complied with and all conditions of approval are met. f. 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. Not applicable in this case. Site alteration is not proposed with this request. g. 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. Not applicable in this case. Utilities are currently in place for the site. 1:\02files\02cup\02-085 gleason\cc resolution.doc Page 2 h. 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. The proposed use will have to proceed through the building permit approval process, which will ensure that all requirements of the Zoning Ordinance and Building code are met. 3. The Conditional Use Permit is hereby approved on the property legally described as follows: That part of Lot One (1), Block One (1), Waterfront Passage Addition, Scott County, Minnesota, described as follows: Commencing at the Northeasterly corner of said Lot 1, Block 1, thence North 62052'03" West (record bearing) along the Northeasterly line of said Lot 1, Block 1, a distance of 309.07 feet to the point of beginning of the land to be described; thence continuing North 62052'03" West a distance of 369.75 feet; thence South 31035'50" West a distance of 294.99 feet to the Southwesterly line of said Lot 1, Block 1; thence South 54014'04" East along said Southwesterly line a distance of 402.15 feet; thence North 33045'56" East a distance of 155.00 feet; thence North 59045'56" East a distance of 76.00 feet; thence North 29045'56" East a distance of 64.00 feet; thence Northwesterly a distance of 98.6 feet more or less, to the point of beginning, according to the U.S. Government Survey thereof, Scott County, Minnesota. 4. The Conditional Use Permit is hereby approved subject to the following conditions: 1. The applicant has 60 days from the adoption of the resolution by the City Council to complete the required improvements and record the conditional use permit at the Scott County Recorder's office. A building permit will not be issued until proof of recording of the permit has been submitted to the City. 2. The gymnastics school shall be limited to 5,000 square feet in floor area. 3. An ungated fence six (6) feet in height shall separate the gymnastics school from the warehouse space. 4. Twenty parking spaces shall be designated for the gymnastics school. 1:\02fi1es\02cup\02-085 gleason\cc resolution.doc Page 3 5. Signage shall be installed that identifies the loading/unloading area and designated parking stalls. Passed and adopted this 3rd day of September, 2002. YES NO Haugen Vacant Gundlach Petersen Zieska Haugen Vacant Gundlach Petersen Zieska {Seal} Frank Boyles, City Manager 1:\02files\02cup\02-085 gleason\cc resolution.doc Page 4 Subject Site Gleason's Gymnastic School . _ocation VIa) ~.' ., / <#- X I I ~~I ."""" \ ~ 1/'-...... " "'" v~ ,,-,,--.j I " \'cqr:;/ ~ / ~ /~~ '-( /\/ / I I "", OOKSr CUll I \ //././ '\ \ ',,/ \ \./' //(\ , \ \ /// \A'\<.. ~;/\ /y/ . '\\~\ \v/.>-"\ ,%" I~I I I ~I I i ~ \ I~I Jlt- ----\;.~ct BROOKS!" I I I I \ / \\ ) / i I \ \X~~.. ~;. \ ;' _____1,.-,,\C1~ I." \ \ -~\ '. \ \ \ ,/' 1..1' \. \ '. ' \ \.--'~~ i ,\~/ \ .-/// , '\ //\ / '\ \.--/ 'vI' ~~tLL' \\ / -,\ '/\ ~'x '\ I ,~~ \ \ / I' ~,;" \ , I"~ ~\ I '-, '0" '" "- j/ )o,:~ ..\~~-"':'//,'..,,/~ /' I '......,./ /\~ ./ J/, '. "'. '. /', / / \ \ " I' . // .... ' ,', . ''j /7 \ \ I // / /", :', \- .I,. I ~~_/ , '. \,./Y ~/ / //! / " .\--;:;. '.~/~'~ \' / ,,,<Jf':: ' . '" }----.. /, Y"'/ '. / ,--{ " ,', !( >"',;, \ / \ ' 4' / . ,~:;;;,.,... ' . '/' \ ,~ ' ;~'"" ' r;'\ .' ," \//\\ Iii ";... /~~;;, (.~)Sr4~a'S1'~\\ \ /\:l~(L; ~_~/~~ ,," 1/ /" / I ~ \ \ / I / / "" '''-. ~,..-Y \ \ / 1/"/ /,~\ \ \ I ~ /i-... i (I \ \.\ \C1l\. ~~/~/r : i// \\\,/~/ " ~.r/ ' ------", ~ ~ ,~~.~</~.'.. . .\~</\\ =1 '//A!'," \ ".. \----...'i I >/;:::\ \\ . i \'4\ "'- ~, ~'.... .~: ..... I ~"o/ "'~~'," I / ~ I _ I m~] l;'~\\ iaml~)\1tE1 \ ~IEEffiI))~, \ jlggl ! 50 o 50 Feet ':"~~>... / .~~. . . ,"".%:. N T ! / ~\ a;' ~c..>,p(/ '~. ~_/ ) _/ r~ I : i I'~ 'I !~i j~~ ~ Iii II I t= , ...~. '~~~'1 A N EAGLE CREEK AVE/COUNTY ROAD 21 ~ i __ _J__ '-- Warehouse -1 12GQ"lt -1 Warehouse 25(.()sqtl Warehouse Warehouse Warehouse r. --11"\ 13f)} &q" I I~- - C~~h'I1?-l :JU.'.~1 .I /;(1 11COsqJI ,":", Ra"l' '\ . I f1 - '"~ " I I : ~ Conm:ln Dock ~ _It.''l....~ :=~ I -- I ~~l I -I _I / " bland " / I'" I ~~: Ra"1' I __J Warehouse 2100 sq. ft_ ~r J r- :c. Gleason's Gymnastics 5,000 sq. ft. suite #110 :J r Gleason's Warehouse 5,000 sq. ft. suite #112 " ~ / / Total Building 33,400 s.f. COTTONWOOD LANE '" / ) drop off area " / " ./ , BUSINESS DESCRIPTION FOR GLEASON'S GYMNASTICS SCHOOL Gleason's Gymnastics School is in the business of teaching gymnastics to children, ages 3 to 16. Hours of operation are Monday through Friday, 9 AM to 9 PM; Saturday, 9 AM to 4 PM. One to three classes per hour are held with 6-10 children per class, or a total of 30 children. ! N Eagle Creek/County Road 21 '))0 ~ I I i~! I 1_1-___ '-- Warehouse I 1200 .q.1I ..J Warehouse 2Si:Qsq.1t Warehouse Warehouse Warehouse r' -1 _~,__ 1:3OO&qft '-C~""L1 l'X'l......fll J ~/~,--.- ~ Ramp 1'300sq.tt ,'---, ,~- -! ~ :L_._L.t c~~ . -1 J ' ~'~ _ L~ I ,,/ ~ ...1 C F -r I ct I:(/>, ')7 ") 0 L 40%) t~: vvA l<E HU\..JSE - \ L\-) rc;oo l4tfo/D) ~LJHOC)L - ~ICCO USC;O) I : ,')-7 C1 hU ,-t ~. I ..-' "'T . ---1 Ramp .1 f" .-I l / " Warehouse 2100 sq. h. -......~l L _J r'- ::-J fltJ LCi/"' //3-1' \ 10 \ 17 9 10 "TA (j ~ OrPfU wA RS f-+6J '2: U t Y~/l ~~ut.,... '" / ALL orF ICE ' r;- 'CO (1) \J"L CFFI u:=: LfO IlL WAf?f . eo Gleason's Gymnastics , ) drop 5,000 sq. ft. ;j off suite #110 ~/ area .\ \ - Gleason's Warehouse " j 5,000 sq. ft. :;,J suite #112 / - tJ ..1 , / Total Building 33,400 s.f. Cottonwood Lane Resolution and ~inutes 'iSjJ.&/OL- !t! 0Gfl-i1-~ . rFrS--OZ-- ~. ~~ q~ '3---oL-.- ~ --y/;U1MA {s 11M, 02-~ 13~ L\TEMPLA TE\FILEINFO.DOC PLANNING COMMISSION MINUTES MONDAY, AUGUST 26, 2002 1. Call to Order: Chairman Stamson called the August 26, 2002, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Criego, Ringstad and Stamson, Community Development Director Don Rye, Planning Coordinator Jane Kansier, Planner Cynthia Kirchoff and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Criego Lemke Ringstad Stamson Absent Present Absent Present Present 3. Approval of Minutes: The Minutes from the August 12, 2002, Planning Commission meeting were approved with the following corrections: Page 6 - Stamson comment on line 14, change "not warranted" to "is marginal". Page 8 - Line 2, add Lemke to "aye" vote. 4. Consent: None 5. Public Hearings: Commissioner Stamson read the Public Hearing Statement and opened the meeting. A. Case #02-085 Larry Gleason is requesting consideration for a conditional use permit for a 5,000 square foot gymnastic school with an adjacent warehouse located at 5500 Cottonwood Trail SE. City Planner Cynthia Kirchoff presented the Planning Report dated August 26, 2002, on file in the office of the City Planning Department. Larry Gleason is requesting a conditional use permit (CUP) to operate a 5,000 square foot gymnastics school (Gleason's Gymnastics School) for children ages 3 to 16 in the C-5 (Business Office Park) zoning district on property located at 5500 Cottonwood Lane. Gymnastic schools are a conditional use in the C-5 zoning district. The property is designated as Business Office Park, which provides for developments that have a low traffic generation rate. Primary uses are corporate headquarters; and L:\02FILES\02planning comm\02pcminutes\MN082602.doc 1 Planning Commission Meeting August 26, 2002 professional and administrative offices; and limited research, development and manufacturing facilities. The existing building was built with Tax Increment Pinancing (TIP) assistance from the City. Under state law, the property owner may not utilize more than 15 percent of the floor area of the building for uses that do not qualify for TIP assistance. In order to meet this requirement, the applicant is limiting the size of the school to 5,000 square feet. Some concern has been expressed that the use could grow outside the current limits and jeopardize the TIF status. To prevent this, staff would suggest a condition limiting the area to 5,000 square feet as shown on the plan. The TIP district is scheduled to expire in 2006. After that date, the applicant could potentially amend the CUP to increase the size ofthe school. Staff recommends approval of the conditional use permit request, subject to the following conditions: 1. The applicant has 60 days from the adoption of the resolution by the City Council to complete the required improvements and record the conditional use permit at the Scott County Recorder's office. A building permit will not be issued until proof of recording of the permit has been submitted to the City. 2. The gymnastic school shall be limited to 5,000 square feet in floor area. 3. Twenty parking spaces shall be designated for the gymnastics school. 4. Signage shall be installed that identifies the loading/unloading area and designated parking stalls. Criego questioned how the 20 parking spaces was based on students. Kirchoff explained it was based on the number of classes and students attending. Criego also questioned if the ordinance was based on the number of students on a given day. Kansier responded the ordinance was based on square footage of the area to be used or the number of students, whichever is greater. It is based on the number of students with the largest class. It would allow for 15 parking stalls. Comments from the public: Larry Gleason, of Gleason Gymnastic School, said the building has more than adequate parking with 39 front parking spaces. Stamson questioned what would be stored in the warehouse space. Gleason said he had several schools and would be storing their seasonal equipment. He also stated when the TIF requirement is not in effect he hopes to expand the business and use that area. John Muench, representing Norex, questioned the parking and hours of operation. Gleason responded that classes would be 9:00 am to 8:30 pm/9:00 pm in the evenings Monday through Priday and 9:00 am to 4:00 pm on Saturdays. Most classes would be in L:\02FILES\02planning comm\02pcminutes\MN082602.doc 2 Planning Commission Meeting August 26, 2002 the evening. Muench was concerned for traffic with their employees. They were not aware of the amount of students involved. The hearing was closed at 6:42 pm. Comments from the Commissioners: Criego: . Agreed with staffs recommendation. . Recommend approval to City Council with the conditions listed in the Planning Report. Ringstad: . Agreed with staff s recommendation with the conditions. . The future location of the school is better, based on the traffic congestion of the former location. The new building will address some of the concerns. Stamson: . Questioned what exactly are the Commissioners approving, the gymnastic school area at 5,000 square feet or the total area of 10,000 square feet. Kansier said the school will be 5,000 square feet which needs a Conditional Use Permit approval. The storage warehouse does not need a permit. . Agreed with fellow commissioners. . All the requirements have been met. . Supported the request. MOTION BY RINGSTAD, SECOND BY CRIEGO, RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT TO ALLOW A 5,000 SQUARE FOOT GYMNASTIC SCHOOL IN THE C-5 DISTRICT SUBJECT TO THE CONDITIONS LISTED IN THE PLANNING REPORT. Vote taken indicated ayes by all. MOTION CARRIED. The matter will go before the City Council on September 3,2002. 6. Old Business: 7. New Business: 8. Announcements and Correspondence: A joint planning Commission/City Council meeting is temporarily scheduled for Sept. 3, at 5:30 p.m. Criego questioned the outcome ofthe variance appeals at City Council meeting. Rye responded. L:\02FILES\02planning comm\02pcminutes\MN082602.doc 3 City Council Meeting Minutes July 15, 2002 Consider Approval of Resolutions (1) Amending the Budgets for TIF Districts 1-1 and 1-2 and (2) De-Certifying TIF District 2-4. Rye: Reviewed the agenda item in connection with the staff report. Zieska: Asked if the $45,000 received for de-certifying district 2-4 would go into the General Fund. Teschner: Advised that Scott County has advised that our portion will be representative on the 2nd half tax settlement as excess TIF and will go into the General Fund. Due to the de-certification and because the 2nd half tax payment for the properties in the area do not change, our tax collection with show in excess of 100% budgeted amount. Zieska: Asked if the funds resulting from amending the budgets for district 1-1 and 1-2 will also be designated. Rye: Advised that the funds must be used TIF eligible purposes in Downtown district. MOTION BY PETERSEN, SECOND BY ZIESKA APPROVING RESOLUTION 02.116 MODIFYING TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT DISTRICTS 1-1 AND 1-2. Gundlach: Asked for clarification as to why the money was collected improperly. Rye: Explained that the funds were not collected improperly, but that during the life of a TIF district, certain criteria have to be met. When those criteria, over the life of a TIF district, are not met or no activity takes place, the TIF district is rendered ineligible. Boyles: Further noted that using the funds puts the City at risk to lose the ability to provide tax increment financing, which is one of the only economic development tools the City has. The most financially prudent thing to do was to disband the district. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. MOTION BY PETERSEN, SECOND BY GUNDLACH APPROVING RESOLUTION 02.117 DE-CERTIFYING TIF DISTRICT 2-4. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. NEW BUSINESS Consider Approval of Ordinance Amending Section 1102.1403(6) of the Zoning Ordinance Relating to Gymnastics Schools in the C-5 Zoning District. Rye: Reviewed the agenda item in connection with the staff report. Gundlach: Asked if the building owner is aware of the impacts of de-certification of the TIF district. Charlie Anderson: Advised that he is aware of the impacts and that the gymnasium school portion of the facility falls within the 15% allowable under the TIF district. 6 City Council Meeting Minutes July 15, 2002 Bovles: Explained the process, first with the ordinance amendment, then to be followed by an application for conditional use permit. MOTION BY ZIESKA. SECOND BY GUNDLACH TO APPROVE ORDINANCE 02.11 AMENDING SECTION 1102.1403(6) OF THE PRIOR LAKE CITY CODE. Hauaen: Discussed the restrictions for parking and the designated drop-off area. Believed there was no need for the restrictions at this time and that the items may be unnecessarily restrictive for this site. Pace: Advised that the ordinance applies broadly, and that the Council may want to consider the overall impacts to the area. Zieska: Agreed that the restrictions are necessary for the overall area from a safety perspective given the other uses in the area. Hauaen: Advised that his concerns were for the specific building and given that the ordinance applies more broadly, felt the restriction were appropriate. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Approving the Conditional Use Permit for a 49-Unit Multi-Family Dwelling, Known as Bluff Heights Apartments in the R-4 Zoning District (Case File #02-026) Kansier: Reviewed the agenda item in connection with the staff report. LeMair: Asked where the nearest park is to the property. Kansier: The nearest park is probably Lakefront Park, but that since the project is not platted, the City cannot require park development. A neighboring property, however, will be platted, and discussions have already begun with the Timbercrest development for an adequate park in the area. Zieska: Advised that with a trail system, the complex will also be linked to The Ponds Park. MOTION BY ZIESKA, SECOND BY PETERSEN, APPROVING RESOLUTION 02-118 APPROVING THE CONDITIONAL USE PERMIT FOR A 49-UNIT MULTI-FAMILY DWELLING KNOWN AS BLUFF HEIGHTS APARTMENTS. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of an Ordinance Amending Section 804 of the Prior Lake City Code Regulating the Discharge of Firearms. Bovles: Reviewed the agenda item in connection with the staff report. Pace: Added that the initial draft of the ordinance did include for informational purposes several clauses intended for the Council to consider the increasingly urban use of property within the City, and the impacts on the health, safety and welfare of its citizens. . LeMair: Commented that Howard Lake seems to be hunted fairly heavily. 7 City Council Meeting Minutes September 3,2002 MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02-147 APPROVING A MINOR AMENDMENT TO THE CREEKSIDE ESTATES PLANNED UNIT DEVELOPMENT TO REVISE THE NUMBER OF APROVED UNDERGROUND PAKRING SPACES FOR THE 54-UNIT BUilDING. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried Consider Approval of Recommendations to Improve Resident Comfort at City Council Meetings. Bovles: Reviewed the agenda item in connection with the staff report and asked for feedback from the Council. LeMair: Felt the times did not have to be adjusted. The workshops are a necessary function before the meetings. Did not want to see the workshop schedules compromised. A platform on the monitors could be available for guests. Incorporate the forum into the regular meeting. Zieska: Commented that he did not have a problem with the start time changed to 7:00 pm, and including the forum as part of the meeting. In favor of a table for guests if that makes them more comfortable than speaking at the podium. There could be other avenues explored as far as the monitors. Petersen: Did not mind having the option to start the regular meeting at 7:00. Did not find anyone uncomfortable speaking at the podium, but sees no problem with a table of some sort. Would like to keep the monitors in front. No problem with the present seating arrangement. Gundlach: Would prefer continuing workshops on Mondays because it was easier to do all in one night from a scheduling standpoint. Pointed out that including the public forum in the regular meeting lends itself to some abuse. Some people may want to use the live broadcast for their own agenda. Also noted that the public forum was intended to be more informal and less intimidating which is why it was not included during the regular meeting. Suggested that if the open forum was included in the regular meeting, there be some strict parameters reserving the topics to only those items the council could not act on during that night's meeting. Supported putting a table where the recording secretary sits, or next to the podium could be a possibility. Believed the present seating arrangement is good from a utility standpoint. Hauaen: Supported revising the starting time to 7:00 p.m., noting that the intent is to preserve the workshop but not waste time if no one is speaking at the forum. Supported incorporating the forum into the regular meeting. Suggested creating a specific time for a public hearing within the meeting. In favor of creating an alternative for speakers, and suggested a different technology for the monitors. Wanted the seating to be changed to have all Council members together making decisions and portraying a team atmosphere and open environment. LeMair: Clarified that he is in support of changing the meeting time to 7pm if the public forum is incorporated into the regular meeting. Had no preference as to seating. Hauaen: Advised that the City Manager would take the input provided and bring a plan back to the Council for consideration. ,/ O~'::) A brief recess was called at 9:01 p.m. The meeting reconvened at 9:08 p.m. o l" NEW BUSINESS Consider Approval of a Resolution Approving a Conditional Use Permit to Allow Gymnastics School on Property Located at 5500 Cottonwood Lane. 5 City Council Meeting Minutes September 3, 2002 Kirchoff: Reviewed the agenda item in connection with the staff report. Gundlach: Asked for clarification if the CUP applied to a 10,000 square foot area or a 5,000 square foot area. Kirchoff and Pace: Explained the TIF condition and school area regulation and warehouse area. Gundlach: Suggested a wall would be better. LeMair: Agreed. Kansier: Clarified that Gleason operates other schools and would use the storage area for other equipment as well. The separation is to maintain the TIF status for the site. Staff would like to see a physical separation of some type, with no access from one space to the next. Gundlach: Questioned if the other business of renting and storage should be listed as a business on the CUP. Believed the site was good for the school, but concerned about the process. Kansier: Explained that warehouse storage was a permitted use in the district and does not require a conditional use permit. Hauaen: Asked if the equipment would go back and forth the between the school and storage area. Larrv Gleason: Advised that he has 3 schools and between the various schools he needs equipment storage for seasonal equipment or equipment that is manipulated between schools. Zieska: Asked if the intent was ever to have a 10,000 square foot gymnastic school, or if the need was always to have a portion for equipment storage. Gleason: Responded it would be ideal to have a 10,000 square foot school, but could only go with 5,000. When the TIF is up he will use the total area. Hauaen: Asked if he stored equipment at the previous site. Also concerned about a chain link fence instead of a wall. Gleason: Advised that he did not have any storage space at the previous site. Further advised that there is a similar in his school in Eagan and aesthetically he would not have a problem with having a wall for separation. Kansier: Advised that the building official would have to address questions of constructing a wall. Also questioned if the City Council would consider a temporary measure of some sort that would be appropriate without the additional delay a building permit may create so Gleason can start his school. Hauaen: Believed a temporary solution would be adequate as long as the more permanent solution is in the works. MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE RESOLUTION 02.133 APPROVING A CONDITIONAL USE PERMIT TO ALLOW A GYMNASTIC SCHOOL IN THE C-5 ZONING DISTRICT ON THE PROPERTY AT 5500 COTTONWOOD LANE WITH CONDITIONS AS AMENDED TO REQUIRE A PERMANENT PARTITION TO SEPARATE THE SCHOOL AND EQUIPMENT AREA. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried 6 v Doc. No. A 561930 OFFICE OF THE COUNTY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recorded on 09-04-2002 at 02:35 Receipt: 208638 Pat Boeckman, County Recorder 01 Fee: $ 20.00 STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and Planning Secretary of the City of Prior Lake, hereby certifies the attached hereto is the original true and correct copy of RESOLUTION 02-133 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A GYMNASTIC SCHOOL IN THE C-5 ZONING DISTRICT ON THE PROPERTY AT 5500 COTTONWOOD LANE #02-085 Gleason G6 AAA:p Ck:)ky Connie Carlson "". City of Prior Lake. Dated this 4th day of September, 2002 ..... C I ~" . '" "'... I'" '. ",,' \ WI 1-' > )Q .."'....."." / " ';/. ~.. ~ " .,).... r n ( ~1)" ,: ~,~: /' "'4 .-... "f . : /0 ..~: ! '""J :...;,,' - f' ',..." 0 "lI iJ' ..... y:-~~ a -rj ..,...... ~:,....,...... .;: .'...........: .." ::--< ~..::.. 0 ' .....::. ". ~ ;.:y~' -';" : ~:\ ".. >'/......1:" "ir..,. ~.. ...,....~/\ . !;f~. -'. .....\."l ~4.'.;..~..."~,,, ......... I: ldeptwork\blankfrm\bUecopy.doc RESOLUTION 02-133 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A GYMNASTICS SCHOOL INl.tU.; C-5 ZONING DISTRICT ON T.tU.; PROPERTY AT 5500 COTTONWOOD LANE MOTION BY: PETERSEN SECOND BY: LEMAIR WHEREAS, The Prior Lake Planning Commission conducted a public hearing on August 26, 2002, to consider an application from the Larry Gleason for a Conditional Use Permit (CUP) to allow a gymnastics school in the C-5 Zoning District on the property located at 5500 Cottonwood Lane and legally described as follows: That part of Lot One (1), Block One (1), Waterfront Passage Addition, Scott County, Minnesota, described as follows: ).5.:2 cr~cx)IO Commencing at the Northeasterly comer of said Lot 1, Block 1, thence North 62052'03" West (record bearing) along the Northeasterly line of said Lot 1, Block 1, a distance 0009.07 feet to the point of beginning of the land to be described; thence continuing North 62052'03" West a distance 0069.75 feet; thence South 31035' 50" West a distance of 294.99 feet to the Southwesterly line of said Lot 1, Block 1; thence South 54014'04" East along said Southwesterly line a distance of 402.15 feet; thence North 33045'56" East a distance of 155.00 feet; thence North 59045'56" East a distance of76.00 feet; thence North 29045'56" East a , distance of 64.00 feet; thence Northwesterly a distance of 98.6 feet more or less, to the point of beginning, according to the U.S. Government Survey thereof, Scott County, Minnesota. WHEREAS, Notice of the public hearing on said CUP has been duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, 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 proposed CUP; and WHEREAS, The City Council considered the application for a CUP on September 3,2002; and WHEREAS, The Planning Commission and City Council find the CUP in harmony with both existing and proposed development in the area surrounding the project; and WHEREAS, The Planning Commission and City Council find the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Section 1108 of the Zoning Ordinance. 1:\02files\02cup\02-085 gleason\cc resolution. doc Page 1 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NOW, IJ::.lEREFORE, BE IT HEREBY RESOLVED BY TJ::.lE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. The recitals set forth above are incorporated herein as if fully set forth. 2. The City Council hereby adopts the following findings: a. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. One of the objectives of the Comprehensive Plan is to "encourage of diversified economic base and a broad range of employment opportunities." Furthermore, a goal of the Comprehensive Plan is to "create an environment in which all citizens have the opportunity to develop their full potential. " The proposed use is consistent with the objectives and goals ofthe Comprehensive Plan. b. The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. This proposal will not be detrimental to the health, safety and general welfare of the community. The use complies with the standards in the Zoning Ordinance as they pertain to parking and separation from loading zones. c. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The proposed school is consistent with applicable provisions of the Zoning Ordinance and intent of the G5 (Business Park) use district, which is to promote high standards of design and construction for business park uses in the City. d. The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The proposed gymnastics school has adequate public facilities available, including streets and utilities. e. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The proposed use will not have an undue adverse impact on adjacent uses, provided the standards in the Zoning Ordinance are complied with and all conditions of approval are met. f. 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. Not applicable in this case. Site alteration is not proposed with this request. g. 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. Not applicable in this case. Utilities are currently in place for the site. h. 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 1:\02files\02cup\02-085 gleason\cc resolution.doc Page 2 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. The proposed use will have to proceed through the building permit approval process, which will ensure that all requirements of the Zoning Ordinance and Building code are met. 3. The Conditional Use Permit is hereby approved on the property legally described as follows: That part of Lot One (1), Block One (1), Waterfront Passage Addition, Scott County, Minnesota, described as follows: Commencing at the Northeasterly comer of said Lot I, Block 1, thence North 62052'03" West (record bearing) along the Northeasterly line of said Lot I, Block 1, a distance of 309.07 feet to the point of beginning of the land to be described; thence continuing North 62052'03" West a distance of369.75 feet; thence South 31035' 50" West a distance of 294.99 feet to the Southwesterly line of said Lot 1, Block 1; thence South 54014'04" East along said Southwesterly line a distance of 402.15 feet; thence North 33045'56" East a distance of 155.00 feet; thence North 59045'56" East a distance of76.00 feet; thence North 29045'56" East a distance of 64.00 feet; thence Northwesterly a distance of98.6 feet more or less, to the point of beginning, according to the U.S. Government Survey thereof, Scott County, Minnesota. 4. The Conditional Use Permit is hereby approved subject to the following conditions: 1. The applicant has 60 days from the adoption of the resolution by the City Council to complete the required improvements and record the conditional use permit at the Scott County Recorder's office. A building permit will not be issued until proof ofrecording of the permit has been submitted to the City. 2. The gymnastics school shall be limited to 5,000 square feet in floor area. 3. A nongated permainent separation at least six (6) feet in height shall separate the gymnastics school from the warehouse space. 4. Twenty parking spaces shall be designated for the gymnastics school. 5. Signage shall be installed that identifies the loading/unloading area and designated parking stalls. Passed and adopted this 3rd day of September, 2002. I I Haugen I Vacant I Gundlach I Petersen I Zieska YES X X X X X NO Haugen Vacant Gundlach Petersen Zieska {Seal} f' I . (\ .~' \ / "'\ \,j .(., \-~ Frank BOY~;;' C ty ~ fanager I . '/ 1:\02files\02cup\02-085 gleason\cc resolution. doc Page 3 : :. -- ~~lY J1J " !Ill . ~ -'" RESOLUTION 02-133 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A GYMNASTICS SCHOOL IN 'Uil; C-5 ZONING DISTRICT ON l11.E PROPERTY AT 5500 COTTONWOOD LANE MOTION BY: PETERSEN SECOND BY: LEMAIR WHEREAS, The Prior Lake Planning Commission conducted a public hearing on August 26, 2002, to consider an application from the Larry Gleason for a Conditional Use Permit (CUP) to allow a gymnastics school in the C-5 Zoning District on the property located at 5500 Cottonwood Lane and legally described as follows: That part of Lot One (1), Block One (1), Waterfront Passage Addition, Scott County, Minnesota, described as follows: Commencing at the Northeasterly comer of said Lot I, Block I, thence North 62052'03" West (record bearing) along the Northeasterly line of said Lot 1, Block 1, a distance of309.07 feet to the point of beginning of the land to be described; thence continuing North 62052'03" West a distance of 369.75 feet; thence South 31035'50" West a distance of 294.99 feet to the Southwesterly line of said Lot 1, Block 1; thence South 54014'04" East along said Southwesterly line a distance of 402.15 feet; thence North 33045'56" East a distance of 155.00 feet; thence North 59045'56" East a distance of76.00 feet; thence North 29045'56" East a . distance of 64.00 feet; thence Northwesterly a distance of 98.6 feet more or less, to the point of beginning, according to the U.S. Government Survey thereof, Scott County, Minnesota. WHEREAS, Notice of the public hearing on said CUP has been duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, 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 proposed CUP; and WHEREAS, The City Council considered the application for a CUP on September 3, 2002; and WHEREAS, The Planning Commission and City Council find the CUP in harmony with both existing and proposed development in the area surrounding the project; and WHEREAS, The Planning Commission and City Council find the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Section 1108 of the Zoning Ordinance. 1:\02files\02cup\02-085 gleason\cc resolution. doc Page 1 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NOW, IJ::l.EREFORE, BE IT HEREBY RESOLVED BY IJ::l.E CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. The recitals set forth above are incorporated herein as if fully set forth. 2. The City Council hereby adopts the following findings: a. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. One of the objectives of the Comprehensive Plan is to "encourage of diversified economic base and a broad range of employment opportunities." Furthermore, a goal of the Comprehensive Plan is to "create an environment in which all citizens have the opportunity to develop their full potential. " The proposed use is consistent with the objectives and goals ofthe Comprehensive Plan. b. The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. This proposal will not be detrimental to the health, safety and general welfare of the community. The use complies with the standards in the Zoning Ordinance as they pertain to parking and separation from loading zones. c. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The proposed school is consistent with applicable provisions of the Zoning Ordinance and intent of the G5 (Business Park) use district, which is to promote high standards of design and construction for business park uses in the City. d. The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The proposed gymnastics school has adequate public facilities available, including streets and utilities. e. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The proposed use will not have an undue adverse impact on adjacent uses, provided the standards in the Zoning Ordinance are complied with and all conditions of approval are met. f. 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. Not applicable in this case. Site alteration is not proposed with this request. g. 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. Not applicable in this case. Utilities are currently in place for the site. h. 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 1:\02files\02cup\02-085 gleason\cc resolution. doc Page 2 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. The proposed use will have to proceed through the building permit approval process, which will ensure that all requirements of the Zoning Ordinance and Building code are met. 3. The Conditional Use Permit is hereby approved on the property legally described as follows: That part of Lot One (I), Block One (1), Waterfront Passage Addition, Scott County, Minnesota, described as follows: Commencing at the Northeasterly corner of said Lot 1, Block 1, thence North 62052'03" West (record bearing) along the Northeasterly line of said Lot I, Block 1, a distance of309.07 feet to the point of beginning of the land to be described; thence continuing North 62052'03" West a distance of 369.75 feet; thence South 31035'50" West a distance of294.99 feet to the Southwesterly line of said Lot I, Block I; thence South 54014'04" East along said Southwesterly line a distance of 402.15 feet; thence North 33045'56" East a distance of 155.00 feet; thence North 59045'56" East a distance of76.00 feet; thence North 29045'56" East a distance of 64.00 feet; thence Northwesterly a distance of 98.6 feet more or less, to the point of beginning, according to the U.S. Government Survey thereof, Scott County, Minnesota. 4. The Conditional Use Permit is hereby approved subject to the following conditions: 1. The applicant has 60 days from the adoption of the resolution by the City Council to complete the required improvements and record the conditional use permit at the Scott County Recorder's office. A building permit will not be issued until proof of recording of the permit has been submitted to the City. 2. The gymnastics school shall be limited to 5,000 square feet in floor area. 3. A nongated permainent separation at least six (6) feet in height shall separate the gymnastics school from the warehouse space. 4. Twenty parking spaces shall be designated for the gymnastics school. 5. Signage shall be installed that identifies the loading/unloading area and designated parking stalls. Passed and adopted this 3rd day of September, 2002. I I Haugen I Vacant I Gundlach I Petersen I Zieska YES X X X X X NO Haugen Vacant Gundlach Petersen Zieska r I {Seal} (\ . l \ < \ \ ~tJ1/C: \'-~- Frank BOY(~ty to. ~anager 1:\02fi1es\02cup\02-085 gleason\cc resolution.doc Page 3 CorresflO'liaence .. L:\TEMPLA TE\FILEINFO.DOC Jane Kansier From: Sent: To: Subject: Frank Boyles Tuesday, July 30, 2002 7:19 PM Don Rye; Jane Kansier GLEASON CUP Mike called sharing his concern that Gleason's will actually be leasing more than 5000 square feet from Anderson. The fear is that we grant Gleason a CUP for a 5000 sq. ft. gymnastics studio which intentionally or unintentionally grows to be bigger jeopardizing the TIF on the building. We could safe guard this with conditions. What about, as part of the approving resolution having both Gleason and the owner acknowledge that until x date exceeding the 5000 sq. ft. maximum will disqualify the building for tif and mandate it's reimbursement to the city by them. Another possibility is to provide in the approving resolution that the city will conduct periodic inspections and outline the consequences of non compliance. Both options have drawbacks. Can you guys think of other language that might be more effective? We should address this topic in our report to the council. Thanks, Frank. 1 drScW -f Jj O. ~ - r-U U.,M......2. . ,<- , " - _:.~:, 4;~,:,,:: 7''UJm tk V~ ~ FRANK BOYLES May 17, 2002 TO: Don Rye, Community Development Director Jane Kansier, Planning Coordinator SUBJECT: Conditional Use Permits for Gvmnastics Studios As you know, Larry Gleason presently operates a Gymnastics Studio in the Waterfront Passage Business Park. The studio was approved in the Zoning Ordinance as a conditional use. The business is limited to 4000 square feet, hours and days of operation, and parking. Mr. Gleason has advised me that he needs to expand his studio to 10,000 square feet. The only building that would house the Gymnastics Studio is empty space in the Apex Graphics building. I have spoken with the owner of the building, Charles Anderson, who would like to lease the space to Mr. Gleason. Mr. Anderson believes that his space will accommodate the Gymnastics facility without impact upon other tenants because: 1. A warehouse space between the proposed studio and the other customers will act as a noise buffer. 2. The number of parking stalls available to the proposed lease space. 3. The fact that the proposed lease space is immediately adjacent to the roadway so users will not affect others. 4. Gymnastics Studios are permitted uses in some other metropolitan city industrial districts. 5. Modifying the conditional use still gives the City leverage to address issues which may arise. As part of our community development initiative, I am asking that the City act as the petitioner to revise the conditional use permit for Gymnastic Studios in the business park. Please outline the timeline for consideration of this issue and share it with me. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER (f;O"....... p.~~o...~.. .....7. . \ ~ F.... 'l'" - '.- .) . \. ~ . ~'" _..co. ~" " . ~NESV ~ or- cuP ( - _ _.................'J -.J.,. ~., .J... .~ .:J.. ~J.'""..."---cllliWll..~........l..... ..........L~..l........ --.L L---.J............:........................., . "- July 16,2002 Larry Gleason Gleason Gymnastic School 2015 Silver Bell Road Eagan, MN 55122 RE: New location of Prior Lake Gymnastic School This letter is to notify you that a "change of use occupancy" pennit is required to be obtained for your anticipated move to the new location at 5500 Cottonwood Lane. Following items are required to be submitted. The items are based on the Milmesota State Building Code (MSBC) which adopted with amendments the 1997 Uniform Building Code (UBC) with handicap regulations of the Milmesota Accessibility Code Chapter 1341. Also requirements of the 1998 Minnesota State Fire Code (MSFC) which adopted with amendments the 1997 UnifoID1 Fire Code (UFC). 1. Submit a building permit application. 2. Submit two set of building plans drawn to scale. Indicate the type of occupancy or activity in each area of the building space. 3. Submit a Heating, Ventilation, Air-conditioning (HV AC) plan signed by a Mechanical Engineer Registered in the State of Minnesota. May be submitted at a later date. A mechanical permit is required. A Plumbing permit may' be required. An Electrical permit is required from the Minnesota State Board of Electricity. . 4. Ventilation for the building must meet UBC chapter 12. Provide 15 CFM of ventilation per occupant in the building space. 5. A Service Availability Charge (S.A.c.) determination must be completed by the Metropolitan Waste Control Commission. Contact Jody Edwards at 651.602.1113. 6. Provide on plan emergency lighting and exit sign locations. UBC 1003.2.8. 7. Provide fire extinguishers minimum 2A1 OBC rated, within 75 feet travel distance of all areas. UFC 1002. 8. Lavatories for each sex is required. UBC Table A-29-A. 9. Provide a Handicap (HDCP) accessible route to the HDCP accessible toilet facilities. The accessible route to the primary functions area shall include toilet facilities or 16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER dlinking fountains serving the area of primary function. Exceptions: 1. The costs of providing the accessible route need not exceed 20 percent of the costs of the alterations affecting the area of primary function. UBC AI112.1.2. In other words, if the alterations that will be done on the building is at a cost, 20 percent of that cost shall be applied towards upgrading the toilet facilitates. 10. If a sales counter is provided, a HDCP accessible horizontal counter space of 36" and a maximum height of 36" above the finished floor is required. MSBC 1341.0720 Subpart I. 11. If structural alterations are made, the alteration must be designed by a Structural Engineer registered in the State of Minnesota. Minnesota Statutes 1800.5200. Other code items will be addressed when the preliminary plans are submitted. Contact the cities Planning Department for the Conditional Use Permit requirements. I can be reached at 952-447-9851 if there are any questions. The Planning Departments contact is Don Rye, at 952-447-9811. Si1iJC ely, 'Ii . JV~ ~ R bert . Hutcliin~ Building Official cc: Don Rye, City of Prior Lake &~ ~NE~ F I ~. E ~ n cJ Y August 5, 2002 Larry Gleason 2015 Silver Bell Road Eagan, MN 55122 Charles Anderson 5500 Cottonwood Lane Prior Lake, MN 55372 RE: City of Prior Lake Review for Application Completeness for Conditional Use Permit for Gleason Gymnastic School Dear Mr. Gleason and Mr. Anderson: On Monday, August 05, 2002, the City of Prior Lake determined all of the necessary submittals for the above application have been received. This letter serves as your official notification that the application is now complete. The DRC will now begin formal review of this request. At this time, you are tentatively scheduled for the August 26, 2002, Planning Commission meeting. I will notify you of any changes to that date. The City review process can be substantially less than 120 days, and we intend to move this matter through the process in a timely manner that provides a complete, professional review. Occasionally, however, due to meeting schedules, it is sometimes necessary to extend the 60-day review period. This letter also serves as your official notice that the City is extending the 60-day deadline for an additional 60 days from October 5, 2002 to December 5, 2002. If you have questions relative to the review process or related issues, please contact me directly at 952-447-4230. Sincerely, .kJ..... . Q.'J~ ~nSier. AICP Planning Coordinator cc: DRC Members 1:\02files\02cup\02-085 gleason\complete.doc Page 1 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~ Metropolitan Council Building communities that work r::y:c , August 6, 2002 Environmental Services Bob Hutchins Building Official City of Prior Lake 16200 Eagle Creek Ave. Prior Lake, MN 55372-1787 Dear Mr. Hutchins: The Metropolitan Council Environmental Services Division has determined SAC for the Gleason's Gymnastics to be located at 5500 Cottonwood Lane within the City of Prior Lake. This project should be charged I SAC Unit, as determined below. SAC Units es:~ Exercise 7500 sq. ft. @ 060 sq. ft./SAC unit 3.64 ---creailS: W l Lv k~lL &~(}/J W{1@J ~ ~ Office/Warehouse ~l>W,v1P fV(2.- J~ & ~ r;- 10000 sq. ft. @ 30% use @ 2400 sq. ft.lSAC Unit 1.25 l 10000 sq. ft. @ 70% use @ 7000 sq. ft./SAC Unit 1.00 &0 Total Credit: 2.25 I> . Net Charge: 1.39 or I If you have any questions, call me at 602-1113. Sincerely, (__~~<=<-" -' 1,0. Jodi L.'Edwards Staff Specialist Municipal Services Section rOO tELuJO'1::l-l JLE: (215) 020806S6 Cc: S. Selby, MCES Charlie Anderson, Apex Graphics wwwometrocounciI.org Metro Info Line 602-1888 230 East Fifth Street . St. Paul. Minnesota 55101-1626 . (651) 602-1005 . Fax 602-1138 . TIY 291-0904 An Equal Opportltnit~1 Employer I PROJECT NAME: APPLICANT: PROPERTY OWNER: CONTACT PERSON: I PIO#: LOCATION: I EXISTING ZONING: COMPREHENSIVE PLAN: I PROJECT REQUEST: Jt 1---f- ~/5kn CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST GLEASON GYMNASTIC SCHOOL CUP An application for a conditional use permit for a 5,000 square foot gymnastic school with an adjacent warehouse. Larry Gleason Charles Anderson Charles Anderson 226-1050 SITE INFORMATION 25-296-001-2 5500 Cottonwood Trail This property is located on the northeast side of Cottonwood Trail, immediately north of Adelmann Street and southwest of CSAH 21. C-3 C-BO Review application. I - DISTRIBUTE TO: I II APPLICATION FOR: ,+ Frank Boyles I: Bud Osmundson Administrative Land Division 1+ Sue Walsh Sue McDermott Comprehensive Plan Amend. 1+ Ralph Teschner + Larry Poppler + Conditional Use Permit 1+ Chris Esser I: Fire Chief Home Occupation 1+ Bob Hutchins Bill O'Rourke Rezoning 1+ Don Rye Site Plan 1 Jane Kansier Preliminary Plat , PUD 1 DNR - Pat Lynch Minnegasco Final Plat J 1 County Hwy. Dept. Watershed Dist. Variance I MNDOT Telephone Co. Vacation 1 SMDC Electric Co. I I Mediacom Cable Met. Council I - I Date Received = 8/5/02 Date Distributed 8/5/02 Date Due 8/15/02 I 1 Complete Application 8/5/02 Date Distributed to 8/5/02 DRC Meeting 8/15/02 Date DRC I Publication Date 8/10/02 Tentative PC Date 8/26/02 Tentative CC 9/3/02 Date I 60 Day Review Date 10/5/02 Review Extension 12/05/02 - 1:\02files\02cup\02-085 gleason\referral.doc Page 1 I have reviewed the attached proposed request (Gleason Gvmnastic School CUP) for the following: I Water Sewer Zoning Parks Assessment Policy Septic System Erosion Control . City Code Storm Water Flood Plain Natural Features Electric Grading Signs County Road Access Legal Issues Roads/Access Gas Other Building Code Recommendation: Approval Denial Conditional Approval Comments: Signed: Date: Please return any comments by Thursdav. Auaust 15. 2002, to Jane Kansier, DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9812 Fax: (952) 447-4245 e-mail: jkansier@cityofpriorlake.com I :\02files\02cup\02-085 gleason\referral.doc Page 2 08/04/2002 21:07 651456'3178 GLEASONS GYMNASTIC PAGE 02 BUSINESS DESCRIPTION FOR GLEASON'S GYMNASTICS SCHOOL Gleason's Gymnastics School is in the business of teaching gymnastics to children! ages 3 to 16. Hours of operation are Monday through FridaYl 9 AM to 9 PM; Saturday, 9 AM to 4 PM. One to three classes per hour are held with 6~ 10 children per dass, or a total of 30 children. FILE CO 1Y July 22,2002 Larry Gleason 2015 Silver Bell Road Eagan, MN 55122 FAX #651-456-9187 /': Charles Anderson 5500 Cottonwood Lane Prior Lake, MN 55372 FAX #952-226-1053 RE: City of Prior Lake Review for Application Completeness for Conditional Use Permit for Gleason Gymnastic School Dear Mr. Gleason and Mr. Anderson: On July 19, 2002, the City of Prior Lake Development Review Committee (DRC) received an application for a conditional use permit for a gymnastic school at 5500 Cottonwood Lane. We have determined the following information must be submitted before we will consider this application complete: 1. A radius map, a list and two (2) sets of labels of the names and addresses of owners of property within 350' of the site, prepared and certified by an abstract company. 2. The dimensions and total square footage of the space to be used as the gymnastic school. 3. A plan identifying how this area will be separated from the other areas of the building, especially where no separation exists at this time. The above items must be submitted before we will consider this a complete application. Once we have determined you have submitted a complete application, the DRC will begin formal review of the CUP. Once we have completed our review, we will notify you of any required changes to the plans. If necessary, we will schedule a DRC meeting to review this plat. Thank you for your attention to this matter. If you have questions relative to the review process, or related issues, please contact me directly at 952-447-9810. Sincerely. Q. ~ ~Sier. AICP Planning Coordinator cc: DRC Members 1:I02fllesI02cupI02-085 gleasonUncomplete.doc Page 1 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER APPLICA'l'IO~S & APPLICArl'IO~ ~A'l'bRLALS L:\TEMPLA TE\FILEINFO.DOC Planning Case File No. 0 2--~ () lJS- Property Identification No. City of Prior Lake ZONING/LAND USE APPLICATION Type of Application Brief description of proposed project (Please describe the proposed amendment, project, or variance request. Attach additional sheets if necessary). e ~ re 'oJ,1 t!J-I- ~ I 111. ~ '" f(J1-;,u S' ch DO /. .! d ~~_J ~hCV~'C...r dCiff/J-f L Ir ci., 'j d ;"'~'r! I o Amendment to Zoning Map o Amendment to Zoning Ordinance Text o Amendment to C\.Jmp.ehensive Plan Land Use Map [R] Conditional Use Permit o Variance o Planned Unit Development o Senior Care Overlay District o Home Occupation o Amendment or Modification to approved CUP or PUD o Other Applicant: I.. ~t G::1e-tU" 0 h Address: OJ t> /5 S /1 yet-- IS e-/ / KeJ ~ Q..q ~ "1- , 1111'" :>-51 2- 2... Telephone: {;~i ~,fS- "'~S) (home) ''5'1 .v5'~62~3"(work) 6$7 +,-->6' 9/7<1' (fax) ~ Property Owners (if different than applicant): (,k~ ~ ~S ~ Address:'" SS-OO C..o~ tAiCi)d \~ --~"'Ov- L'l.~ M.AJ Telephone: ~. .t.l&(-aS"11 (home) (work)41~Ad~-\OS-O (fax) Type of Ownership: 0 Fee 0 Contract for Deed 0 Purchase Agreement Legal Description of Property (Attach additional sheets if necessary): " To the best of my knowledge the information provided in this application and other material submitted is correct. In addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that apPIi,~not be process~~omPlete by the P;i;;;;;~ctor or assignee. A$~'S' e ) () Date' I J ~" ....,/\~ /O'd. ~ Feeuwner'SSignature Date - #" ADDITIONAL PROJECT INFORMATION (Required for PUD, CUP and SC Overlay District applications) Will the developers. request financial assistance from the City? o Yes ~No If yes, please describe the amount and type ofassistance requested ( attach. additional pages ifnecessary). w~I..a~:sn6;;:;~;I~::et=~a~1P:il~:tn~fbt~~:::~da~d~::;;::~S~~~e~:::~i~:i~~~nm~:;;=j~:t~)t of this projec;:( No J :\handouts\200 J handouts\zoning\zoning app.doc PROCEDURE FOR AN APPLICATION FOR A CONDITIONAL USE PERMIT Overview: Certain uses, because of their nature, operation and location in relation to other uses, require a Conditional Use Permit. The Conditional Use Permit process regulates the location, magnitude and design of conditional uses consistent with the Comprehensive Plan, and the regulations, purposes and procedures of the Zoning Ordinance. Pre-Application Procedure: Prior to submitting an application for a Conditional Use Permit, applicants are encouraged to meet with the Planning Staff to discuss the following: . City Plans and policies that might relate to or affect the property. . Preliminary development or building plans for the property. The applicant is responsible for understandine the requirements of the City Zonine Ordinance. including setbacks, landscaping, parking, required improvements, submittal requirements, signs, and so on. The Planning Staff will also advise you of other potential governmental jurisdiction involvement. The following must be brought to the pre-application meeting: . The location of the property; and . Any preliminary plans developed for the property. If a decision is made to proceed after the advisory meeting or meetings, a formal application is made. The Planning staff also suggests the applicant hold a neighborhood meeting prior to the public hearing to discuss plans for the property. Process: Within ten (10) business days of submission of the application, the applicant will receive formal, written notice from the City about whether the application is complete. Within 30 days ofreceipt of a complete application, the Planning Department will schedule a public hearing for review by the Planning Commission. Timine: Public hearings are scheduled for the Planning Commission on the 2nd and 4th Mondays of each month. Complete applications must be submitted to the Planning Department at least thirty (30) days prior to the scheduled meeting to allow publication of hearing notice. The Planning Department will publish notices in the Prior Lake American and notify the applicant and other affected property owners of the date and time the proposal will be heard by the Planning Commission. The City will also post a sign on the subject site identifying the proposed application. 1:\handouts\2001 handouts\zoning\cup app.doc Page I 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Staff Report: The Planning Department will prepare a staff report which: 1) explains the request; 2) reviews how the proposal relates to the Zoning Ordinance requirements and the standards for approving a conditional use permit; and 3) provides a recommendation. Hearin2~ A public hearing will be held by the Planning Commission. The Commission will review the staffreport and hear from the applicant. Public testimony on the request will also be taken. The Planning Commission, after reviewing all of the information, will make a recommendation to the City Council on the application based on findings addressing the relationship of the proposed amendment to the following standards: (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. (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. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are either existing or proposed. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. (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. (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 Conditional Use Permit approved by the City Council. (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 Conditional Use Permit 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 Conditional Use Permit approved by the City Council. If the property is located within the Flood Plain or Shoreland Districts, additional evaluation criteria, listed in Section 1108.203 and 1108.204 of the Zoning Code, will also be applied. Applicants are invited to use the overhead projector provided, and the exhibits prepared by Staff. 1:\handouts\200 1 handouts\zoning\cup app.doc Page 2 Any additional exhibits submitted by the applicant (at the hearing or prior to the hearing) such as photographs, petitions, etc. must be entered into the public record and submitted to the Planning Department for the file. City Council Review: The City Council will review the application and the recommendation of the Planning Commission, along with the record of the public hearing and other pertinent information. The City Council review of this application is not a public hearing, and the Council mayor may not choose to hear testimony. In any case, no new evidence may be introduced to the City Council following the close of the public hearing. APPLICATION INSTRUCTIONS . Application Fee: Check payable to the "City of Prior Lake", The filing fee is $350.00. . Signed Application: A completed application form signed by the owner or owners of the property. Include authorization from the property owner on the application form or by attached letter of authorization if an agent signs the application. . Application Checklist: The attached checklist identifies the necessary information. Failure to provide any of the required information will result in an incomplete application. The Application Checklist will expedite the review of your application. Attach the checklist with the application materials. 1:\handouts\2001 handouts\zoning\cup app.doc Page 3 CONDITIONAL USE PERMIT APPLICATION CHECKLIST PROJECT NAME: DEVELOPER: A complete Zoning/Land Use Application form, signed by the applicant and the fee owner of the property. 2. The name, address and telephone number of the owner, the owner's agent, the applicant, surveyor and designer of the project. 3. A radius map and a list and 2 sets of labels of the names and addresses of the owners of property located within 350' of the subject site. These shall be obtained from and certified by an abstract company. 4. The required filing fee of $350.00. 5. Any necessary applications for zone changes and/or variances from the provisions of the Zoning Ordinance, along with the required fees and submittal information for those applications. 6. A complete legal description of the property, and a location map showing the location of the proposed development in the City. 7. Ten (10) full-scale copies of the preliminary plat and supporting data and one 11 "X 17" reduction of each sheet. Site conditions and existing development on the subject property and immediately adjacent properties. I 2. The proposed use of all areas of the site. 3. The proposed density, type, size and location of all dwelling units, if dwelling units are proposed. 4. The general size, location and use of any proposed nonresidential buildings on the site. 5. All public streets, entrance and exist drives, and walkway locations. 6. Parking areas 7. Landscaped areas 8. Parks and open spaces, public plazas, and common areas. 9. Site dimensions 10. Generalized drainage and utility plans. 11. Any other information the City may request to determine whether the proposed project meets the requirements of this subsection. 1 . Proposed densities, and ground floor areas. 2. Acreage or square footage of individual land uses on the site. 3. All proposed modifications of the district regulations being requested. 4. Generalized phasing plan for the project, including the geographical sequence of construction and the number of dwelling units or square footage of nonresidential property to be contracted in each phase. uJ,Ui. ~"" ~-+ tli 1 . A tree preservation and replacement plan, as required by Section 1107.2100 of the Zoning Code. 2. A lighting plan as required by Section 1107.1800 of the Zoning Code. 3. A signage plan as required by Section 1107.400 of the Zoning Code. 4. If applicable, a preliminary plat or other subdivision applications. 2 Memorandum TO: All Applicants for Land Use Applications FROM: Jane Kansier, Planning Coordinator DATE: July 18, 2001 RE: Required Information for Notification Requirements Several Land Development Applications require published notice as well as mailed notice to nearby property owners. It is the applicant's responsibility to submit a list of the names and addresses of the property owners. This list must be prepared and certified by a certified abstract company. IN ORDER TO ENSURE PROPER NOTIFICATION, ALL PROPERTY OWNERS LISTS MUST BE ACCOMPANIED BY A MAP IDENTIFYING THE SUBJECT SITE AND THE REQUIRED NOTIFICATION RADIUS. THE MAP, AS WELL AS THE LIST, MUST BE ACCOMPANIED BY A STATEMENT CERTIFYING THE LIST HAS BEEN PREPARED BY A CERTIFIED ABSTRACT COMPANY. THE STATEMENT MUST BE SIGNED BY THE ABSTRACT COMPANY. Thank you for your attention to this matter. If you have any questions, please contact me at 447-4230. 1: \handouts\certJ ist.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ---,."_.....-_.,.~~---~ ._-~_..-._.~...,.,--~--""_...."--~....._~~...-----.~...-~-_..,.~"..~._~--~--~-_......_,-~-,,_.-.-..._~~_._.._,..."_._.~_.~~.~. for the purpose of CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE. MN 55372 (952) 447-4230, FAX (952) 447-4245 RECEIPT # 41657 DATE: ~ / s ltu.. - , , ~~l<lfu'~ S~ I . ~ JfJ.)~ U .fi:l3J tu.P ~ ----' , dollars $ ~~qg. Invoice # ~Q-~ U Receipt Clerk for the City of Prior Lake ~l.l.. A That part of Lot One (1), Block One (1), Waterfront Passage Addition, Scott County, :Minnesota, . described as follows: Commencing at the Northeasterly comer of said Lot 1, Block 1; thence North 62052'03" West (record bearing) along the Northeasterly line of said LOt 1, Block 1, a distance of 309.07 feet to the point of beginning of the land to be described; thence continuing North 6205Z'03" West a distance of 369.75 feet; thence South 31035'50. West a distance of 294.99 feet to the Southwesterly line of said Lot 1, Block 1; thence South 54014'04". East along said SO\lu.~westerly1ine a distance of.402.15 fee.c;:Jhence North 33045'56" East a distance of 155.00 feet; thence North 59045'56"East a distance of 76.00 feet; thence North 29045'56. East a distance of 64J)O feet; thence Northwesterly a distance of 98.6 feet, more or less, to the point of beginning, according to the u.s. Government Survey th.;.........f, Scott ~ouno/ t Minnesota. Approved Plans . L:\TEMPLA TE\FILEINFO.DOc A N Eagle Creek/County Road 21 ~ i L__J_ , ' I I I I ~ Warehouse 25COsq,ft Warehouse I 1200""ft --1 Warehouse Warehouse Warehouse " -If\, 1'lOO sqft IIJ-t -~"" 'l ~ 1'3COsq.fl Ramp I!-' t ''-1 \../1- -1 i~_; C"":"',W,:~' ' -l '.3 --, I J ,_ on ~'--I , ,,_J ( " Island / I ~:: Ramp I -1 ____I Warehouse 2100 sq, ft. 1J :::> ~ Gleason's Gymnastics 5,000 sq. ft. suite #110 / Total Building 33,400 s.f. Cottonwood Lane .:oJ . / Gleason's Warehouse 5,000 sq. ft. suite #112 I t ~ r '" / " drop off ;' area , " .... ,; A N EAGLE CREEK AVENUE/COUNTY ROAD 21 ---\ i __J_ I ' '-- Warehouse 2500 sq,tt Warehouse I 1200",.. -.J Warehouse Warehouse 1nlsq.ft Warehouse 1-11'\. 1'lOO.q.' I ~-t ~I ~ Ra~ I~-I I I "-I \J1-, I . CorrtrOI1llock :.:- ..l.. ;r- "I ,.,,~. ~ ~"xl ~-"I It, i -: ~, Ra~ I -1 / " It;la;nd '\.. / Warehouse 2100 sq. ft. .....- _ _J 7"- :::> Gleason's Gymnastics suite #110 Warehouse / Total Building 33,400 s.f. ''\ ~ r COTTONWOOD LANE "" / , drop off / area , / I <12 21:36 DA TE: i/~~ ?- "1 Comments: JCU!e I ({Fir ~OP hat r /~'^ 6514569178 GLEASONS GYMNASTIC Gleason's Gymnastic School 20/5 Siin!!" lierr ROd';. SlIite' 180. Eagall. ,!.1;mreSQIII. 55121. ,65J) 454-62DJ /7()f)/ FI.~hntJllIl RtMJ S.E. . Prior Lt.tJ.:t!. Mimresor(l 55372. 16J2) .J47.96JJ Wiflli Z,,( i/t/l.... L.U1." Sit/f., f1)~ . :\II/pit;' GrOl'ft. MifllleSol(l 55369. 161:J.i J9~L;516 NUMBER OF PAGE5= I -I- COcle I- TO: J C1h.tL kqnr/eJ- FROM: L Clv..y..7 ~/et;J() t--t ~et-.~ ~ < . Jli2 5CH/fl' 6~ ,J PAGE 01 '1 () '1 ~v- , b~/t.iv e ~ t-! .: t! /tVt tf4 J--.f~ ~ :L 0Jr 1( h ~ I J'.IL.,tR ( '-.; ~ ..f' e n.. f bv- ( p..~ J r ~ I tJ I j ~ Ot-, tf I Q.. '-t .r , ! ttf-;. ~O~ BUSINESS DESCRIPTION FOR GLEASON'S GYMNASTICS SCHOOL Gleason's Gymnastics School is in the business of teaching gymnastics to children, ages 3 to 16. Hours of operation are Monday through Friday, 9 AM to 9 PM; Saturday, 9 AM to 4 PM. One to three classes per hour are held with 6-10 children per class, or a total of 30 children. Eagle Creek/County Road 21 " / L__ Warehouse 2500 sq,ft Warehouse 2100 sq. ft. Warehouse Warehouse I 12oo,q.fl -1 Warehouse ,m1fL 1300sq.fl ,-__"":-'~I Comr:ron. I. m Dol:k . '1 ~~ .J Warehouse 1'3lXlsq.tt ,-'I j . ~ ~' Ramp . I Common !lock l't;!):>q." t~) (- r I -nmrr-;;F mJ II.. -I '.m _I J= ::::> " / Gleason's Gymnastics 5,000 sq. ft. suite #110 ) drop off area Island " / , ~I I .. _i .. "1 Ramp I ...J ) Gleason's Warehouse 5,000 sq. ft. suite #112 N '\. Total Building 33,400 s.f. ( / , Cottonwood Lane ~~ \j :L- ....l. Common Dock _ Ib... 1160oq.ft , -l I " ~_>l f_ I -, ~-~ L_ J --I uh' _.I ~-I r~ .::l " , 2 X 4 steel stud with 3/4" drywall & fire tape Gleason's Gymnastics suite #110 :! chpin link fence with chain gate , ~~ : GI~aSOn's Warehouse Ramp 1,_ ~ sUite #120 Total Building 33,400 s.f. Cottonwood Lane \ ~ ..J "- drop off / pick up area / ~\ ~ . /, "- / " ., / " ~.~ ~ , I. 1 -~~_.ii I.t') :01 " . "J' .. c' h;_\~'~ , ~I :f- --L Common Dock _ ~ 11bO sq. ft , -1 I .... '-~~ IL I -, -nrrnr;J;- ~ L_ I -., h.... _J ~l ~_ --.J .::t. , 2 X 4 steel stud with 3/4" drywall & fire tape Gleason's Gymnastics suite #110 cllflin link fence with chain gate , J ~ : GI~aSOn's Warehouse Ramp ;'_ ~ sUite #120 Total BUilding 33,400 s.f. Cottonwood Lane \, ~ -/ "- drop off / pick up area / ~\, ::)j .-/ . " / '\. .; -=~ / I '- lL') ~ ~ ,--- ---- "--:::::::1 .: ::~"~::'~-::::J , N / ~ Eagle Creek/County Road 21 '-- Warehouse -, 12OO'"I.ft -.J / " Warehouse Warehouse I -la 1:300",.ft I I ._~ .', I",,~ ..J ~ Warehouse 1300 sq.ft Rafl'll " Island / Warehouse 2SOJsq,ft . D\t Rafl'll I ...J Warehouse 2100 sq. ft. Gleason's Gymnastics suite #110 II l I -r ' -~--l ~ .~_ ~Comtr()tl!)xk 1 ~ ~.~. 7"-- _J I J' ::::> ~~ ,'- -'j _J Warehouse ,/ _I Total Building 33,400 s.f. Cottonwood Lane "" / ) drop off area " / ... . , ' ;;: " "': '~".. ~ r "':,", '" ~ :,,: ; ': ",' ' " ,~"':' ': ,;. ,,' . _" ,C . -',',': ' ~t;i" " ,"":>' "',;,':,,, ," "'''. .' ',: c",' ". ,,' __'_ -- , , 0,', '_. '_ , , ,'- .' . ". ~' ." :,!., ._,,~, , -,1',--- " '.-', ; '."',u,'" ",,''',n,,"' ,', m,C oj:~>~x'~:::~:": ,';,~ ~<:,';_~.-~:~~,'",',;>~~.~:' ',:~:;::',. ";, '::,,::: ,,^" " ::j: ;,~~~ .. L:\TEMPLA TE\FILEINFO.DOC ..,.. ,~'.' .. ..., .._---------......._~-_.~---~-_._----- -_.~-" -_oca'jon v1a) ~:~~,<;(<~'~~,] (,-,---(1-' i $ ~~~~'\ J I I iT .1, iTT I I \ #--/<:\ \'y/ \" \ /'" . . \ / \ ".. )/ "8L:. ''y/. . )' , \ .\./ \ -~\'-'- / \'- / \v' '\~\\ V //.\ / y " "// ~ / / \ \. '<:(/ \ ~\ ~ ))~~' ~. "< / , / " /'\ ", ./ \',Y / / ;tTt~~ ~\ / t - / )-'J /' \ / . >~~, './ ~ /'\ \ .' \ / >~:\,<' >:/\\ \/?-{ \ / // ?,,>" '\.>:#'!'illr~ 1;;// ---A'~ f/ \ \ /~ /(:--.;--: '~..~. - I I \ \/' -'____~~ i j :~01f(~ t;\, ,y~."." \C'....\ \ / {--\ \ '>-- ~ ./\ \ \ \ ---; / . JI;t.- "\v-L. I}l i I \_-'-"~~.'\.-'; ./_ I ----f...'~ UI . \--1..,... '. \ ,_./-~ '\ r- ..' / \' ) I 'lli~"-~---c/v i . \.1 / " .. .4'/ ,--J>~~ ~~ ~-~--;. I I I " ", -,;' ~ -','-,( ~ ~o".. !1 ',~~-- ~ ~~i / r ' ' I mlffiJJ Ifffjp\\., ~\~\\\ IEEffi/lffilD ",., i , ffil W3II ffiBI) / (;E]J ;wl .\~ / \,--~..',.j ./\, \ \ ~ Subject Site ' Gleason's Gymnastic School ' -""~ <~.<i '''''~''' ~/\ r--T- '_'_. __/..../ \ \ l .' r 'n' I / \__--11 Ir--L__ , I ---i 'I I I I--- I i'-l \ /' .L-----\ i-"\ . . ,/ I \ V"- ___-I,. ~ 50 o 50 Feet N + f _/' ii wi i~ If' I~ i iO, ) I ~ I-- i I ! : '''"''''' .:.~~~ A N EAGLE CREEK AVE/COUNTY ROAQ 21 -------- L~J__ ,--' \- Warehouse -1 12GO ,q" --' / " / Warehouse Walehouse 2Si,l) sql Warehouse 1- -'", ,,,,,,,," I__U -IJ ~_c"'"''''l_--l r~:tk I ~C."'4kl J ~;;-r Warehouse 1'3C.Osq.tI RaIr4> ,'---, \.P::-:'-\.J I ! :_~ _L~ .. ~~r:x" I ' _ J _~, \." " ,....., / .' 71 "- I, Warehouse 2100 sq. It -"\. -, . _I 7"- ::11. -- --I ___ __.I Gleason's Gymnastics 5,000 sq. ft. - suite #110 JllIII[( / t I ----~--_..--- .-0=) -- -, .. _I - .--.-" .::.__';,~:,_ ..=mo" I - , Gleason's Warehouse 5,000 sq. ft. suite #112 " ~ / ~4 .,.... ---1 Ra"l' I .. _ ..J I Total Building 33,400 s.f. _._ _,. ,__. ___..._.___.. .~..~_..__........~_,_,~__....o.-.-__,__ CO I I'ONWOOD LANE " drop off / area " / " ,; " / " llEA1U~G ~O'l'ICES L:\TEMPLA TE\FILEINFO.DOC CITY OF PRIOR LAKE NOTICE OF PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR GLEASON'S GYMNASTIC SCHOOL You are hereby notified that the Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road, SE, on Monday, August 26,2002 at 6:30 p.m., or as soon thereafter as possible. The purpose of the public hearing is to consider an application for a conditional use permit to allow a 5,000 square foot gymnastic school in the C-5 (Business Office Park) District on the property located at 5500 Cottonwood Trail, and legally described as follows: Legal Description: That part of Lot One (1), Block One (1), Waterfront Passage Addition, Scott County, Minnesota, described as follows: Commencing at the Northeasterly comer of said Lot 1, Block 1, thence North 62052'03" West (record bearing) along the Northeasterly line of said Lot 1, Block 1, a distance of 309.07 feet to the point of beginning of the land to be described; thence continuing North 62052'03" West a distance of369.75 feet; thence South 31035'50" West a distance of294.99 feet to the Southwesterly line of said Lot 1, Block 1; thence South 54014'04" East along said Southwesterly line a distance of 402.15 feet; thence North 33045'56" East a distance of 155.00 feet; thence North 59045'56" East a distance of 76.00 feet; thence North 29045'56" East a distance of 64.00 feet; thence Northwesterly a distance of98.6 feet more or less, to the point of beginning, according to the U.S. Government Survey thereof, Scott County, Minnesota. If you desire to be heard in reference to this matter, you should attend this public hearing. The Planning Commission will accept oral and or written comments. If you have questions regarding this matter, contact the Prior Lake Planning Department at 952-447-9810. Jane Kansier, Planning Coordinator City of Prior Lake Mailed to owners of property within 350' of site on Friday, August 16,2002. 1:\02files\02cup\02-085 gleason\mail notice.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) ~'vVl)L, ~ of the City of Prior Lake, County of Scott, State of Minnesota, being duly sworn, says on the I fct' day of.il1U't~+, 2002, she served tpe ~. tach~d list o!&ersons to ha~ interest in the (p {p Ji/U)vJ (I/,(WO '--1/ -d\ttL.-- 0 7-/ O~\ , by mailing to them a copy thereof, enclosed in an envelope, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. Subscribed and sworn to be this day of , 2000. NOTARY PUBLIC . L :IDEPTWORKIBLANKFRMlMAlLAFFD.DOC NEW ABSTRACTS CONTINUATIONS CLOSING SERVICE REGISTERED PROPERTY ABSTRACTS TITLE INSURANCE RECORDING SERVICE SCOTT COUNTY ABSTRACT AND TITLE, INC. 223 HOLMES STREET, P.O. BOX 300 SHAKOPEE, MINNESOTA 55379 DAVID E. MOON EN Phone: (952) 445-6246 Fax: (952) 445-0229 July 30,2002 Apex Graphics 5500 Cottonwood Lane Prior Lake, MN 55372 Attn: Charlie Anderson To Whom it May Concern: According to the 2002 tax records in the Scott County Treasurer's Office, the following persons listed on Exhibit "A" are the owners of the property which lies within 350 feet of the following described property: That part of Lot One (1), Block One (1), Waterfront Passage Addition, Scott County, Minnesota, described as follows: Commencing at the Northeasterly corner of said Lot 1, Block 1; thence North 62 degrees 52 minutes 03 seconds West (record bearing) along the Northeasterly line of said Lot 1, Block 1, a distance of309.07 feet to the point of beginning of the land to be described; thence continuing North 62 degrees 52 minutes 03 seconds West a distance of369.75 feet; thence South 31 degrees 35 minutes 50 seconds West a distance of294.99 feet to the Southwesterly line of said Lot 1, Block 1; thence South 54 degrees 14 minutes 04 seconds East along said Southwesterly line a distance of 402.15 feet; thence North 33 degrees 45 minutes 56 seconds East a distance of 155.00 feet; thence North 59 degrees 45 minutes 56 seconds East a distance of 76.00 feet; thence North 29 degrees 45 minutes 56 seconds East a distance of64.00 feet; thence Northwesterly a distance of98.6 feet, more or less, to the point of beginning, according to the U.S. Government Survey thereof, Scott County, Minnesota. . (y(^ ..., ~\(as( CO\ \ ASA9. W'C\t. ~'J 1 u! s tl <!VI. S .' . -fQ ...... \..( ~ J C:~~ \'( ~ David E. Moonen President Scott County Abstract & Title, Inc. i(" MEMBER MINNESO' AGENT FOR CHICAG( H T PROPERTIES 5448 COTTONWOOD LN SE PRIOR LAKE MN 55372 CITY OF PRIOR LAKE CITY MANAGER 16200 EAGLE CREEK AVE PRIORLAKEMN 55372 RONALD L & SANDRA HABERKORN 6500 SMITHTOWN RD EXCELSIOR MN 55331 ANTHONY E & ROSEMARY SHANKS 5501 STARVIEWLN PRIOR LAKE MN 55372 METRO CABINETS COMPANY INC 5418 COTTONWOOD LN SE STE 1 PRIOR LAKE MN 55372 GUY J & MARY K SELINSKE 19040 SOUTHFORK DR PRIOR LAKE MN 55372 MARIE SNELL 5290 CREDIT RIVER RD SE PRIOR LAKE MN 55372 PRIOR LAKE BAPTIST CHURCH 5690 CREDIT RIVER RD SE PRIOR LAKE MN 55372 ~~ G ,W./l-0~ EXHIBIT.ApAGE) OF ' PAGE.S Property ONners within 350' Gleason CUP / I ~ J \ '. 115 ~ !~ ~ ;: II ; 'i-~mw~ I~IUEJJ w I ffijJI(])]J~ IDl- \ /,~]i~ ~ ~~, . ./~~;f~~\ 600 I o 600 Feet I " """ ~ " t:J. N PID SHSRTN 252960012 ANDERSON,STAN M 252960020 HABERKORN. RONALD L & SANDRA 252960022 HANSEN,DAVID 0 259010230 KNAEBLE,PETER J 253130010 METRO CABINETS COMPANY INC 259010240 PRIOR LAKE BAPTIST CHURCH 259010241 PRIOR LAKE BAPTIST CHURCH 252960014 PRIOR LAKE,CITY OF 253150010 PRIOR lAKE,CITY OF 253130020 SElINSKE,GUY J & MARY K 252960021 SHANKS,ANTHONY E & ROSEMARY 259010210 i SNELL,MARIE mail lis! SHNAM2 SHHOUS SHSTRE SHAD2 SHCITY 5500 6500 8140 6001 5418 5690 5690 CITY MANAGER 16200 CITY MANAGER 16200 19040 5501 5290 Property Owner's lis! Gleason CUP SH~ SHZIF.tiOUSGS STREGS STIADIIPRPLAT COTTONWOOD LN STE 100 PRIOR LAKE MN 55372 SMITHTOWN RD EXCELSIOR MN 55331 FLYING CLOUD DR EDEN PRAIRIE MN 55344 GLENWOOD AV GOLDEN VALLEY MN 55422 COTTONWOOD LN SE STE 1 PRIOR LAKE MN 55372 CREDIT RIVER RD SE PRIOR LAKE CREDIT RIVER RD SE PRIOR LAKE EAGLE CREEK AV EAGLE CREEK AV SOUTHFORK DR PRIOR LAKE PRIOR LAKE PRIOR lAKE STARVIEW LN PRIOR LAKE CREDIT RIVER RD SE PRIOR LAKE MN 55372 MN 55372 MN 55372 MN 55372 MN 55372 MN 55372 MN 55372 o PLAT-25296 WATERFRONT PASSAGE ADDN o PLAT-25296 WATERFRONT PASSAGE ADDN 17001 FISH POINT RD SE PLAT-25296 WATERFRONT PASSAGE ADDN o 5418 COTTONWOOD LN SE PLAT-25313 CIC 1026 COTTONWOOD 5690 CREDIT RIVER RD SE 5680 CREDIT RIVER RD SE o PLAT-25296 WATERFRONT PASSAGE ADDN o PLAT-25315 WATERFRONT PASSAGE 2ND ADDN 5418 COTTONWOOD LN SE PLAT-25313 CIC 1026 COTTONWOOD 16873 FISH POINT RD SE PLAT-25296 WATERFRONT PASSAGE ADDN o PRl PRILEGAL1 COM 309.07' NW OF NE COR, N 62-52-03 W 369.75', W 31-35-58W 294.99' TO SW LINE LOT 1, S 54-14-04 E 402.15', N 33- 45-56E 155'. N 59-45-56 E 76', N 29-45-56 E 64'. NW 98.6' TO POB. LYING SE OF LINE COM MOST ERLYCOR, W ALONG N LINE 131.41', NW ALONG N LINE 79.85', NW ALONG N LINE 593.15' TO POB, S61-45-56 W 106', S 33-45-56 W 70', S 14-15-56 W 75', S 48- 45-56 W 87', S 75-45-56 E 185.99' TO W LINE OF LOT & THERE TERMINATING 2 EX CO COM NW COR 2-2, N 147'. CURVE NE 26.08', N 82-30-56 E 195.735 85-59-04 E 2 217.67', S 184.6W 410.52' TO PCB SECT -01lWP-114 RNG-022 E3I4 N1/2 SE1I4 EX 2.9A & E 440' OF S1/2 SE1/4 EX2.5AEX 11.52AEX 2.7A EX 12.81A &60' X 250' STRIP FOR RD EX 12.5OA (023-1) UNl1 1 1 1 UNl2 SECT-01lWP-114 RNG-022 P/O E3I4 SE1/4 COM SE COR, NW 1251.72', SW 1875.73', SW 84.66' TO POB, NE 514.66', S 704.31', NW 566.47', NW 418.49TO POB. EX 1.37A SECT -01lWP-114 RNG-022 P/O E3I4 SE1/4 COM SE COR, NW 1251.72', SW 1875.73', SW 84.66', S 129.02' TO POB, SE 284.29', SW 238.79'. NW 166.39N 288.44' TO POB. LYING SE OF LINE COM 309.07' NW OF NE COR LOT 1, SE 98.6', S 29-45-56 W 64', S 59-45-56 W76', S 33-45-56 W 155' TO SW LINE LOT 1 & THERE TERMINATING LYING NW OF LINE COM E'RL Y CORNW ALONG N'ERLY LINE 131.41', NW ALONG N'ERLY LINE 79.85', NW ALONG N'ERL Y LINE 593.15' TO POB, S 61-45-56 W 106', S 33-45-56 W 70', S 14-15-56 W 75', N 48-45-56 W 87', S 75-45-56 W 186.99' TO W LINE LOT 1 BLK 2 & 2 THERE SECT -01lWP-114 RNG-022 W1/2 SE1/4 LYING N OF RR & E 40 RDS OF N1/2 SW1/4 EX .7A RR 8/12/2002