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Home My WebLink About02-141 CH Carpenter Rezoning IlbARl~G XQ'l'ICES .. L:\TEMPLA TE\FILEINFO.DOC AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) _CVrtUJP / C1~L--ofthe City of Prior Lake, County of Scott, State of Minnesota, being duW s~rn, says on the ~ay of ~~ , 2003, she se~ed .the)lttached list of persons to have an interest in the -ji/l.M.---- ;\i'Y1tL1-~ VLU<rt,C{ / , by mailing to them a corIY thereofJ 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 , 2003. NOTARY PUBLIC L:\DEPTWORK\I3LANKFRM\MAILAFFD. DOC dP~ ~ \'\~\ ~ ~ ~NE~ NOTICE OF PUBLIC HEARING TO CONSIDER A REZONING FOR PROPERTY LOCATED AT 16450 ANNA TRAIL SE You are hereby notified that the Prior Lake Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of County Road 21 and Fish Point Road), on: Monday, February 10,2003, at 6:30 p.m. or as soon thereafter as possible. REQUEST: The applicant is requesting to rezone 16450 Anna Trail SE from C-2 (Community Business) to C-4 (General Business). APPLICANT: Larch, LLC SUBJECT SITE: 16450 Anna Trail SE, Prior Lake, MN, legally described as: A tract of land in the NW 1A of SE 1A of Section 2, Township 114 North, Range 22 West, Scott County, Minnesota described as follows: Beginning at a point on the North line of said NW 1,4 of SE 1,4 distant 494.8 feet East of the northwest corner thereof; thence continuing East along said north line a distance of 205.2 feet; thence South and parallel to the West line of said NW 1A SE 1,4 a distance of 400.0 feet; thence West and parallel to said North line a distance of 50.0 feet; thence South and parallel to said West line a distance of 267.2 feet to the centerline of a township road; thence westerly along said road distance of 155.25 feet; thence North and parallel to said West line a distance of 522.7 feet; thence West and parallel to said North line a distance of 110.55 feet; thence North and parallel to said West line a distance of 74.9 feet; thence East and parallel to said North line a distance of 110.55 feet; thence North and parallel to said West line a distance of 75.1 feet to the point of beginning, with right of access over the existing road to Old State Highway Number 13. AND A tract of land in the NW 1,4 of the SE 1,4 of Section 2, Township 114 North, Range 22 West, Scott County, Minnesota described as follows: Beginning at a point on the North line of said NW 1A of the SE 1A distant 700 feet East of the northwest corner thereof; thence South and parallel to the West line of said NW 1,4 of the SE 1,4 distance of 400 feet; thence West and parallel to said North line a distance of 50 feet; thence South and parallel to said West line a distance of 267.2 feet to the centerline of a township road; thence easterly along said road a distance of approximately 670 feet to the East line of said NW 1,4 of the SE 1,4; thence North on said East line to the northeast corner of said NW 1,4 of SE 1,4; thence West along said North line approximately 620 feet to the point of beginning, except that part taken for Highway 13, and also subject to easements of record, except that portion thereof lying southeasterly of the southeasterly right-of-way of State Trunk Highway 13. If you are interested in this issue, you should attend the hearing. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-9810 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning Commission will accept oral and/or written comments. Prepared this 30th day of January 2003. Cynthia Kirchoff, AICP, Planner City of Prior Lake To be mailed to property owners within 350 feet of the subject site on January 30, 2003. L: \02FILES\02rezone \Larch-CH Carpenter\Mailed N otice.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NOTICE OF PUBLIC HEARING TO CONSIDER A REZONING FOR PROPERTY LOCATED AT 16450 ANNA TRAIL SE You are hereby notified that the Prior Lake Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of County Road 21 and Fish Point Road), on: Monday, February 10, 2003, at 6:30 p.m. or as soon thereafter as possible. REQUEST: The applicant is requesting to rezone 16450 Anna Trail SE from C-2 (Community Business) to C-4 (General Business). APPLICANT: Larch, LLC SUBJECT SITE: 16450 Anna Trail SE, Prior Lake, MN, legally described as: A tract of land in the NW 1A of SE 1,4 of Section 2, Township 114 North, Range 22 West, Scott County, Minnesota described as follows: Beginning at a point on the North line of said NW 1A of SE 1,4 distant 494.8 feet East of the northwest corner thereof; thence continuing East along said north line a distance of 205.2 feet; thence South and parallel to the West line of said NW 1,4 SE 1,4 a distance of 400.2 feet; thence West and parallel to said North line a distance of 50.0 feet; thence South and parallel to said West line a distance of 267.2 feet to the centerline of a township road; thence westerly along said road distance of 155.25 feet; thence North and parallel to said West line a distance of 522.7 feet; thence West and parallel to said North line a distance of 110.55 feet; thence North and parallel to said West line a distance of 74.9 feet; thence East and parallel to said North line a distance of 110.55 feet; thence North and parallel to said West line a distance of 75.1 feet to the point of beginning, with right of access over the existing road to Old State Highway Number 13. AND A tract of land in the NW 1,4 of the SE 1A Section 2, Township 114 North, Range 22 West, Scott County, Minnesota described as follows: Beginning at a point on the North line of said NW 1A of the SE 1A distant 700 feet East of the northwest corner thereof; thence South and parallel to the West line of said NW 1,4 of the SE 1,4 distance of 400 feet; thence West and parallel to said North line a distance of 50 feet; thence South and parallel to said West line a distance of 267.2 feet to the centerline of a township road; thence easterly along said road a distance of approximately 670 feet to the East line of said NW 1,4 of the SE 1A; thence North on said East line to the northeast corner of said NW 1,4 of SE 1,4; thence West along said North line approximately 620 feet to the point of beginning, except that part taken for Highway 13, and also subject to easements of record, except that portion thereof lying southeasterly of the southeasterly right-of-way of State Trunk Highway 13. If you are interested in this issue, you should attend the hearing. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-9810 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning Commission will accept oral and/or written comments. Prepared this 16th day of January 2003. Cynthia Kirchoff, AICP, Planner City of Prior Lake To be published in the Prior Lake American on January 25, 2003. L:\02FILES\02rezone\Larch-CH Carpenter\Public Hearing Notice.doc ::>ro Jerty OIvners withi n 350 feet of CH Car :>enter Lumber Site "~BE ~ r / ~ / / A cli .~n""~ ~ i~R 1111 /\A \ I -,~ i ~ f- K, f f I ~ N ;;f p~ iJ 71'\~fi ~~.~ for the purpoat of . 2S(), dO . . '. - .... . _. CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE BE PRlQA LAkE. UN.&8872 (962) 447-4280. FAX (862) 447-4245 RECEIPT' 43311 DATE: l~~ .... . doII8r8 10 .~ Invoice , 01u.. ../~."..'..'......"'.'........~.!'.'._.. A8CeIpt a..k....... car d ,..nur....... PID SHSRTN SHHOUS SHSTRE SHAD2 SHCITY S SHZI SHZI HOUSGS STREGS STT A PRPLAT PRLOT PRBLK LEGAL 1 SECT-02 TWP-114 RNG-022 SE1/4 NEl/4 & NEl/4 SEl/4 S OFRR, E OF HWY 13 & N OF LINE COM 62.84' NE OF SE COR SEl/4 NEl/4, SW 771.38', SW577.5' EX .34A 259020190 PUL TE HOMES OF MINNESOTA 815 NORTHWEST PRKWY STE 140 EAGAN M 55121 0 ROAD SECT -02 TWP-114 RNG-022 W 494.8' OF NWl/4 SEl/4 N OF RD EX W 75' EX W 200' OF N 150& P/OSWl/4 NEl/4 EX 1.74A& 259020260 GROSS,LOREN 8609 L YNDALE AV S STE #214 BLOOMINGTON M 55420 0 EX 10.43A IN NWl/4 SEl/4 SECT -02 TWP-114 RNG-022 .45A IN SEl/4 259020730 LANGHORST,WALLACE W & DELO 6433 BROOK LN SAVAGE M 55378 0 NEl/4 SECT -02 TWP-114 RNG-022 S 74' OF SWl/4 NEl/4 COM 200' N OF CTR OF SEC 2, E 200', N 287', W 200', S 287' TO POB EX ~59020300 HESS,RICHARD S & DOROTHY C 16433 DULUTH AVE SE PRIOR LAKE M 55372 16433 DULUTH AV SE W33' SECT -02 TWP-114 RNG-022 SWl/4 NEl/4 COM 150' N OF CTR SEC 2, E 220', N SO', ~59020840 PREKKER,RANDALL E 16447 DULUTH AV SE PRIOR LAKE M 55372 16447 DULUTH AV SE W 200', S 50' TO POB. SECT -02 TWP-114 RNG-022 70' X 200' IN ~59020850 MALZ,DORIS M 16459 DULUTH AVE SE PRIOR LAKE M 55372 16459 DULUTH AV SE SW1/4 NEl/4 SECT -02 TWP-114 RNG-022 SWl/4 NE1/4 COM CTR PT SEC 2, N OF HWY 1380', E ~59020860 ROWE,PHYLLlS 16473 DULUTH AVE SE PRIOR LAKE M 55372 16473 DULUTH AV SE 200', S 80W 200' TO POB. SECT -02 TWP-114 RNG-022 N 150' OF W ~59020710 MONROE,MARK D 16499 DULUTH AVE SE PRIOR LAKE M 55372 16499 DULUTH AV SE 200' NWl/4 SE1/4 SECT -02 TWP-114 RNG-022 W 494.8' OF NWl/4 SEl/4 N OF RD EX W 75' EX W 200' OF N 150& P/O SWl/4 NEl/4 EX 1.74A & ~59020260 GROSS,LOREN 8609 L YNDALE AV S STE #214 BLOOMINGTON M 55420 0 EX 10.43A IN NWl/4 SE1/4 SECT -02 TWP-114 RNG-022 3A IN NWl/4 259020410 LARCH LLC 80 70STW STE 133 CHANHASSEN M 55317 0 SEl/4 SECT -02 TWP-114 RNG-022 7.43A IN 259020380 LARCH LLC 80 70 STW STE 133 CHANHASSEN M 55317 0 NW1/4 SEl/4 EX 2.29A SECT -02 TWP-114 RNG-022 N'ERL Y P/O TRIANG, PARCEL IN NWl/4 SEl/4 LYING ~59020390 SCHWANTES,CHARLES D & JILL 16680 FRANKLIN TRL SE PRIOR LAKE M 55372 0 SE OF HWY SECT -02 TWP-114 RNG-022 NWl/4 SEl/4 COM NW COR, S 703'E 75' N 703', W 75' ~59020370 PUMPER,SALL Y J 16541 DULUTH AV SE PRIOR LAKE M 55372 16541 DULUTH AV SE TO POB. EX N 165' EX N 208' 250190020 I 250190010 BLUFF HEIGHTS APARTMENTS 5212 HOPE ST PRIOR LAKE M 55372 0 I PLAT-25019 BLUFF HEIGHTS ADDN 1 1 & LOT 2 SECT -02 TWP-114 RNG-022 Wl/2 SEl/4 COM 1792' N OF SE COR Wl/2 SEl/4, W 215.94' TO POB, W 345' TO HWY 13, NE 190'E 210', S 140.08' TO POB & .2AS OF 259020450 CROWN COCO INC 1717 BROADWAY ST NE MINNEAPOLIS M 554132638 16735 FRANKLIN TRL SE PARCEL SECT -02 TWP-114 RNG-022 COM ELINE Wl/2 SEl/4 1940.8' N OF SE COR, W ON RD 652.15'TO HWY 13&POB, W410, DEFLECLEFT 241.19', NE ON HWY TO ,359020493 SCHOELLER,JOHN J & CAROL A 3570 BASSWOOD CIR SW PRIOR LAKE M 55372 16511 ANNA TRL SE POB \ 259020492 UNITED STATES POSTAL SERVICE 259020460 VELlSHEK,DAVID E & MARY KAY 7540 253910010 HEALTHSYSTEM MINNESOTA 6500 259020470 PRIORDALE MALL INVESTORS 4570 CREDIT RIVER BLVD EXCELSIOR BLVD PO BOX 69069 ST PAUL PRIOR LAKE ST LOUIS PARK 77 ST W STE 150 EDINA M 55169 o SECT-02 TWP-114 RNG-022 COM 410' W OF INT OF NW ROW OFHWY 13 & TWP RD, W 230', SERL Y355.78' TO NW ROW 13, N 200', NW TO POB. SECT -02 TWP-114 RNG-022 W1/2 SE1/4 COM 1677.13' N OF SE COR, W 215.84' TO POB, W 481.35', NE 175', E TO PT 444W OF ELINE, SE TO PT 72.87' NOF S LINE, E 192.16', S 72.87'TO POB. SECT-02TWP-114 RNG-022 SECT -02 TWP-fi4 RNG-022 W1/2 SE1/4 COM 1177.13' N OF SE COR, W700'TO POB, W lSD',N 387.2', NE TO INT W POB, S 497.87' TO POB. M 55372 M 55416 o 4670 PARK NICOLLET AV S PLAT-25391 PARK NICOLLET ADDN M 55435 o OrderNo. SC-I73350 . ABSTRACT OF TITLE TO p/o Southeast 1/4 of Section 2, Independent Abstracting Services, Inc. Township 114, Range 22. Village Bank Financial Center 9298 Central Avenue N.E. - Suite 418 Blaine, Minnesota 55434 (763) 792-6800 Deliver To ~ Address Qu.rter-SectIon Quarter: SE Township: 114 Section: 02 Range: 22 GIS Department 250 o 250 500 N w*! '..\ I N 1\' LEGEND o.-w-Sd.. u.,. ~ ..__.....L... _ ..... ........ - ICD _.... . Feet QlMW"'r -... - adklftl -.........., ,""'" ..........1.. ....... .......... ..........la.......... 11I--. -......-.-.....-.--- .._--....-...... lIIIIlI.. 110_'" ~==~~.. .:.;~=- ......C, '.'.' . ~ 5 .__.~. ~,~-.-_.- ---- l I I I Aerial Photo I I I , I I Location rvlap for ..arc 1, __C Rezonin~ , llilJlllJWJJJJ _ _ ~ _. _ __ ~ =-"'.-/ ,~~ I ~ --- --~--- f 'tllL~~I ]lliL 01 e~T I 1 - - - - PLEASANT ST _ ~I I L1U.ill..........~_ =JilIlIII_1LV (fo."lClly CH Carpent~ Luf1't)er) r ." I t~ ~IILI/jl ~ '" IJDJDJPIIIIIIII II/I -1 \ -:f9 )-- ANNA TRl SE / FRANKlINTRl SE ANNATRlSE ~ L i I ~~~ \ I / ./ /J . - -------- Priordale ~ ___ Mall ~ " , r '- {)W~ ST SE "~~.~~ ~. " \ ) ~ VINE ST N A Comprehensive Land Use Plan City of Prior Lake Designated Land Use Residential Classifications f);:::j Rural Density o lkban lcNIMedium Density _ lkban Hig, Density Carmercial Development Classifications _ Retail Shopping (Neighborhood) 11:~.{:j Retail Shopping(CorrmJnity) _ TOWl Center _ Hospitality General Busi ness _ Business orfk:e Park Industrial Development C1assificatial _ Plll1ned Industrial FI.IbIic DeveIopmert Classifications _ Recreation & q,en Space o Rig,t-Of-Way _ Lake _ SMJC --1 N ~E S City of Prior Lake -, !i>'" - " ...~..., ""::i:~ ~_, ' l '1t """.; ...~ f;. '::...~ .,~' ~~~;:~ ,~~~t"~1"~~~:: j~;{ ;~::~-: fj ,< ;:; ,:: ~~ ~: i ;f;~_~i'"~"'~:;::::~ff'.,J I _ Zon' ng I\I1ap _ A Pgricu~ural EJ R-S Rural Subdivisicn Residential D R-1 La.v Density Residentia _ R-2 lDN-Medium Residentia _ R-3 Medium Density Residential _ R4 H!jl Density Residentia ItiW',1! C'r 1 Nei!tlborhood Co" " "', Jal _ C'r2 Qmrunity Business _ C'r3 Specietty Business _ C4 General Business _ C-5 Eilsiness Park _ 1-1 Genera 1 rdustrial _SMX D R-0-W o LAKE N so Boundary N PUD Boundary N W+E s APPLICA'l'lOXS & APPLICA'l'IO~ ~A'l'ERlALS L:\TEMPLATE\FILEINFO.DOc Planning Case File No. ~ - 144 Property ~ntific2tiQn]\To 'PJ:) -.~O';J.. - ():~B-o 1r.~ ..., ,r, ~::1. . .'. \. I .1 '.. . ., ..- j . .r. f ,_J.. r-- I, \, \. ... "- . 1..5 ~ s U \:j LG " r'- - ,1.1 Type of Application City of Prior Lake . ~(' ! ZONING/LAND USE AP~LICAt~bl'flEC 2 6 . - :U.' \ I' ! l.\ i I Brief description of proposed project (Please describe the proposed amendment, project, or variance request. Attach additional sheets if necessary). 1"'16 c,~ z~ C-z ~ C-.lf I CD_ I(,c.l."c"a A.~., J~ 11 6E -~L-kL.. I - - - I. I I I ,I)' ./ , .1 / r&l o o o o o o I 0' 10 I 0 Amendment to Zoning Map Amendment to Zoning Ordinance Text Amendment to Comprehensive Plan Land Use Map Conditional Use Permit Variance Planned Unit Development Senior Care Overlay District Home Occupation Amendment or Modification to approved CUP or PUD Site Plan Application ~~~,('Ii --m_ ~d,nl""".>-<-r&/". (.'6;:;> ~ 0 ~)&) :9- _ W -f S.J- (' P/yLl\ Iv: .C;;~ 1\. C1,,7~ q-L1.1. -<1ils (home) l).S-Z- C;(lCj- 3tp60 ~r4114H, 'e.C- MtJ S:-~.~C1 (work) 9 S' L.... 9qcr; -3136 (fax) Property Owners (ifdifferent than applicant): ~ :;:r '7/1. (5);":/, De. .'" ~b."" Address: ~ 7{)lb~. ,^)e.si- r /lb.I'\.' J'v\Aj S-S-3J? Telephone: 9S-?' U& - ~ (hom4' 9&l- - Cflf'c, -~ (e'2., 0 . (work) 93 l- 9'1'1- "J.7..~ 0 (fax) Type of Ownership: 0 Fee 0 Contract for Deed 0 Purchase Agreement Legal Description of Property (Attach additional sheets if necessary): ~_(J. - 02.. -rW P - 114 'RN(.,.. -- OL2 311 ::rPJ Nw ~ S~ !/~ I ~c.j. - () 2 -r\,JP - U!I K;.J {-:r- t? 2.1_ '7.. 1../3 A L- !,-\ IN \/LJ 6'6 'Y; I r=-"v. d. J'rA I . . .cc ~ 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 ap~~be ~un~ea'.';: :he ~~~g Director i;:i~n:eO z: AP~~ ~> r' ~ Date ,2-2 _ dZ ~~r's Signature Date ._n..... .. __,_,n. ....n.. ,.,_n"." ... .... . ._... .. n. ...._."..... __............................."...... _." ...... __.".,. '._,. ". ... ........._. . '. "o~ti#ti'&:'fflaIfllg~lI1eniof'tJlisproject? . :'invOIVed!m'lth~pr6je,ct;)~1" ... o No 1:\handouts\2001 handouts\zoning\zoning app.doc ;;i PR~ ~ 'li' ~ ~ w ~.,.,.,.~., "..~."., ~ . - . . . .->1:"......- ~lNNESO'\"to PROCEDURE FOR AN . AMENDMENT TO THE OFFICIAL ZONING MAP Overview: When a person wishes to use property for a purpose that is not permitted in the existing zoning classification, that use can only be permitted if the property is rezoned. The types of uses permitted in each Zoning Use District are contained in the Zoning Ordinance. The boundaries of each zoning district are depicted on the City's Zoning Map. The Zoning Ordinance and Zoning Map are available for review or purchase from the City's Planning Department. Pre-application Procedure: Before making application for an amendment to the Official Zoning Map, persons are encouraged to meet with a member of 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. If a decision is made to proceed after the advisory meeting or meetings, a formal application is made. The Plannbtg staff also suggests the applicaltt 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 of receipt of a complete application, the Planning Department will schedule a public hearing for review by the Planning Commission. Timing:, 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. Staff Report: The Planning Department will prepare a staff report which: 1) explains the request; 2) reviews the policies for approving an amendment as contained in the Zoning Ordinance and how the proposal relates to those policies; and 3) provides a recommendation. Bearin!!: A public hearing will be held by the Planning Commission. The Commission will review the staff report 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 policies: 1.' The area, as presently zoned, is inconsistent with the policies and goals of the Comprehensive Plan, or the land was originally zoned erroneously due to a technical or administrative error, or 1:\handouts\200 I handouts\zoning\rezoning.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 2. The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to rezone so as to encourage redevelopmenf-ofthe.area, or 3. The permitted uses allowed within the proposed Use District will be appropriate on the subject- property and compatible with adjacent properties and the neighborhood. Applicants are invited to use the overhead projector provided, and the exhibits prepared by Staff. 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 theuCity Council . following the close of the public hearing. APPLICATION INSTRUCTIONS . Application Fee: Check payable to the "City of Prior Lake". The filing fee is $300.00 plus $10.00 per acre. Fifty percent of this fee may be refunded if the application is withdrawn prior to publication of the hearing notice. . Signed Application: A completed application form signed by the owner or owners of the property. This application form must identify the existing Zoning District as well as the proposed Zoning District. 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\200 1 handouts\zoning\rezoning.doc Page 2 Larch, LLC Jeffrey Schoenwetter 80 West 78th Street, Suite 133 Chanhassen, MN 55317 #02-141 REZONE C2 to C4 16450 Anna Trail SE Work 952-949-3630 Fax 952-949-3730 PIDS: 25-902-038-0 25-902-041-0 Frauenshuh Companies Mr. Dean Williamson 7101 West 78th Street, Suite 100 Bloomington, MN 55439 952-829-3472 Fax 952-829-3481 L: \02FILES\02rezone\Larch-CH Carpenter\Larch info.doc JMS JMS Group "Experience the Difference" ~ ,)@@rg 0 ~ @:0n I " i ~\ . tIC 2 6. i_i ',:\ I I lUlu! ly I 80 West 78th Street, Suite 133 Chanhassen, MN 55317 Office 952-949-3630 Fax 952-949-3730 1-800- 793- 2934 December 23, 2002 City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372~1714 RE: 16450 Anna Trail SE Prior Lake, MN Dear City of Prior Lake, Enclosed please find the following information for the above referenced development for your use. · Zoning / Land Use Application for 16450 Anna Trail Se, Prior Lake from C~2 to C4. If you should have any further questions please feel free to contact us at your convenience. Sincerely, ~:ff^'~ C'<\.~~~ Jeffrey M. Schoenwetter, CEO JMS Group JMS~ Enclosures CC: Dean Williamson - Frauenshuh Companies JMS Equities, Inc. I JMS Homes, Inc. I Prime Real Estate Services, Ltd. I JMS Development Corporation Insignia Development LLC I E-Mail: jmshomes@aol.com I Web Page: www.jms-homes.com AMENDMENT TO THE 'Olf111CIAL ZONING MAP APPLICATION CHECKLIST PROPERTY ADDRESS: DEVELOPER: L/r;.!:It}6 ~ "-;6...;/ Sf::. Pr/ tJi LQ t~ MI-J , , For City Use Only , 1. A complete Zoning/Land Use Application form, signed by the applicant and the fee owner of the property. 2. The required filing fee of $300.00 plus $10.00 per acre. Q...3Bo 3. A complete legal description of the property to be rezoned. In addition. a location map identifying the property must be submitted. 4. 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. 1)1(.LArv.-'~ \)/'\\Vu0 '\~~u.. ~~O ~ c.suJ\ ~: uJ.. "" ~~ ~~~\p~J.. ~' ~ . 6r.} f'" , 1 S 1/2 SEe 02 T 114N R 22W Parcel Half-Section Scott County, Minnesota . 259021200 : ~ ~ 2S9Q21310 C I 2590202&0 ~' Ie cr<mJ/'/ I PARK NI~ 2 -;;;- _______ NlO"N ' --- .... '09020220 TOWER HILL JlARTMENT EAST ~ #'''' b- N'-\,\,<r.. !il .,,,,~ CONDO. ~ 3 ,s' NO. 1007 259010010 WilDERNESS i .'~ ~ -::70 ~ .1. .lll.'" ~"l~T'l" \. \. \. I. f WOOPR"""- ESTA"'S I I I I .... .n........,6o:la .,plyr..:_.!"""_.,,,~""i''''' ~",""_d.w;,*,_lIU'da.....i..~""""'iul"''''''''''' --..-.....""'...~d:irI,.....<iIy,~, ...... ~"'.. ...CIlIlcr....."'.IIli:.....lllc"""".~._i.......-.l- .,1i:"'_~..ar_S<:OIt~,......~llI.f""urr _cwa:""k.....c<IIIIaiIEd...d.ito~;".''''f....Id.pk:.'''c......, ""SolOI.C_yS--.,-Oik~ .. I ;;-.. rScott ... ~ - ... I ... .... cOUNTY SURVEYOR SCOTT COUNty, MINNESOTA Oeamber 11, 2OD2 S 02-114-22 Property Tax Search Results Page 1 of2 ,. J4~' . ISCOtt Scott County Property Information Search Results General Property Information Property ID: Roll Type: Payable Year: Owner Name: 25-902041-0 Rea I Estate 2003 LARCH LLC Property Address: City /State/Zi p: Taxpayer Name: Taxpayer Mailing Address: House Address: PO Box: City/State/Zip: LARCH LLC 80 70 ST W STE 133 CHANHASSEN MN 55317 Legal Description Information LotjBlock/Plat# : Section/Townsh i p/Ra nge: Deeded Acres: Legal Description: 02 114 022 3.00 SECT-02 TWP-114 RNG-022 3A IN NW1/ Miscellaneous Information School District: Taxing District Code: Taxing District Name: 719 2001 PRIOR LAKE CITY http://www.co.scott.mn.us/intradoc-cgi/idc _ cgi _ isapi.dll ?RowCount=20&currPage= 1 &C... 12/26/2002 Property Tax Search Results Valuation & Tax Information Estimated Market Value of Land: Estimated Market Value of Building: Estimated Market Value Total: Total Net Taxes for Current Year: Total Special Assessments Due for Current Tax Year: Total Net Tax plus Special Assessments: Outstanding Special Assessments: Payments: Green Acres: Ag Preserve: Tax Classifications Property Type: Homestead Status: Exempt Status: Sales Information Last Qualified Sale: Amount: Building Characterstics Page 2 of2 $90,000 $0 $90,000 $0.00 $0.00 $0.00 $0.00 $0.00 COMM LAND & BLDGS N 06/25/2001 $875,000.00 N/A Main Menu I Prooertv ID Search I Prooertv Address Search Owner Name Search I Leaal Descriotion Search http://www.co.scott.mn.us/intradoc-cgi/idc _ cgi _isapi.dll ?RowCount=20&currPage= 1 &C... 12/26/2002 Property Tax Search Results Page 1 of3 . .~ Scott County Property Information Search Results General Property Information Property ID: Roll Type: Payable Year: Owner Name: 25-902038-0 Real Estate 2003 LARCH LLC Property Address: City/State/Zip: Taxpayer Name: Taxpayer Mailing Address: House Address: PO Box: City/State/Zip: LARCH LLC 80 70 ST W STE 133 CHANHASSEN MN 55317 Legal Description Information Lot/Block/Plat# : Section/Townsh i p/Ra nge: Deeded Acres: Legal Description: 02 114 022 ~ _f\/\ ..... ?c.P1T~ , I -sz, ~ 5.14 C,XJQ~ ~. --rot SECT -02 TWP-114 RNG-022 7.43A IN NW Miscellaneous Information School District: Taxing District Code: Taxing District Name: 719 2001 PRIOR LAKE CITY http://www.co.scott.mn.us/intradoc-cgi/idc _ cgi _isapi.dll?RowCount=20&currPage= 1 &C... 12/2612002 Property Tax Search Results Valuation &. Tax Information Estimated Market Value of Land: Estimated Market Value of Building: Estimated Market Value Total: Total Net Taxes for Current Year: Total Special Assessments Due for Current Tax Year: Total Net Tax plus Special Assessments: Outstanding Special Assessments: Payments: Green Acres: Ag Preserve: Tax Classifications Property Type: Homestead Status: Exempt Status: Sales Information Building Characterstics Complex Property: Type: Year Built: Architectural Style: Foundation Size (Sq Ft): Garage Size (Sq Ft): Frame: $154,200 $250,500 $404,700 $0.00 $0.00 $0.00 $0.00 $0.00 PREF COMM LAND/BLDGS N N/A Y STOREjCOMM 1977 N/A 25,172 o WOOD 0 Page 2 of3 http://www.co.scott.mn.us/intradoc-cgi/idc _ cgi_isapi.dll?RowCount=20&currPage= 1 &C... 12/26/2002 Property Tax Search Results Page 3 of3 Bedrooms: Bathrooms: o 0.00 Main Menu I Prooertv ID Search I Prooerty Address Search Owner Name Search I Leaal Descriotion Search ~ . http://www.co.scott.mn.us/intradoc-cgi/idc _ cgi_isapi.dl1?RowCount=20&currPage= 1 &C... 12/26/2002 Scott County Page 1 of 1 ..._~_~ 1IU....1 \ I I ~ TflLM 16735 11511 4870 ..729 0, ' , .,213ft This dra..il'lj1, is rocillli:"! II k:lliIlly1COOld.:d msp nor ~ ;;utYCy IlDd j$ Il<Il itll>dld.ld ta be ..sed 115 ooe,. 1lIi5 drawing i. """"'I'UaJ:ianCJd'moocds. mjamwlian. md dlI... I""alled in ...ari<JIJS o;.;ty, <:<MInty, and .ute :lfl'iCetl. and iJIlbocr !IllUroCIIalfe\!titl.lllt1e lIRa dl~. slid i~lu be IIKd fur .~;.:....re:JIWJl'O_OtlI)'. Soon :';""111)' IS nl>l rctpUIll<ibll.' We an}' ~IlU."IC'lwrci" :ooLaiacd. If d;"c"'(WICic. "'" linund, pIr:.lIsie coolxl ille S<<lll C_ljo' Sl\I'lIC:)'(lI'$ orne.: .~ A w*', ~ http://www.co.scott.mn.us/servletl com.esri.esrimap.Esrimap ?ServiceN ame=overview &Cl... 12/26/2002 " L u~ . ~,-- r74"-- a.v.g. I "'. ....._--,- ;/ fJ#j t1l .~~~ ,r~~ ~~~ c=J I 1f.lf"'P~' --- - '''-ko,," = [i, ... 2.5 Copyright@ 1988-2001 Microsoft Corp. andlor its suppliers. All rights reserved. http://www.microsoft.com/mappoint @Copyright20oobyGeographic Data Technology, Ino. All rights reserved. @ 2000 Navigation Technologies. All rights reserved This data includes information taken with permission from Canadian authorities@ Her Majesty the Queen in Right of Canada. @Copyright20oobyCompusearch Micromarketing Data and Systems Ltd. "~--' 11/21/02 THU 16:49 FAX 6124474245 CITY OF PRIOR LAKE @002 Zoning Ordinance a. All the requirements of subsection 2a-d listed above are met. b. Access to and from the outdoor area shall be through the indoor seating area. There shall be no direct access to the outdoor seating area from the parking lot or street. c. Food service to the outdoor area shall be provided during all hours of operation. d. No bar shall be located in the outdoor area, except a service bar for the exclusive use of the employees. (4) Awnings extending over the public right-at-way may be permitted subject to approval of a "Private Use of Public Property" agreement in a form authorized by the City Attorney, and the provisions of subsection 1107.801. (5) Outdoor Sales is permitted as an accessory use with the following conditions: )> The items displayed must be related to the prIncipal use. )> The area allowed for outdoor sales is limited to 30% of the gross floor area of the principal use. ,. The area must be landscaped and fenced or screened with a Bufferyard Type D from view of neighboring residential uses or abutting any lOR" district. )> All lighting must be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residential properties and compliant with subsection 1107.1800. )> Areas must be hardsurfaced with asphalt, concrete, decorative concrete interlocking pavers, or other equivalent material approved by the City. ,. The use of public sidewalks or right-of-way for outdoor sales is prohibited. )> The sale of alcoholic beverages is prohibited unless otherwise expressly permitted under the provisions of the City Code. (amd. Ord. 99-08 - pub. 8fl/99; Ord. 00-12 - pub. 7/22/00) 1102.11 05 Dimensional Standards ,. The minimum lot area is 5,000 square feet. > The minimum lot width is 50 feet. ,. Required Yards are as follows: Front yard - no minimum setback Side yard - no minimum setback Rear yard - 10 feet ,. Maximum floor area ratio is 3.0. )> Maximum height is 35 feet. 1102.1200: nC-4" General Business Use District. The "C-4" General Business Use District is intended to provide an area for commercial uses which due to their size and characteristics are not appropriate to other business districts. These Ory of Prior LoJce JlUIt 1, 2001 1102./p64 11/21/02 THU 16:49 FAX 6124474245 CITY OF PRIOR LAKE I4l 00:.1 Zoning Ordinance types of uses are generally larger and more intense, and are characterized by a greater need for parking, generation of larger volumes of traffic, greater signage and lighting. 1102.1201 Permitted Uses. The following uses are permitted in the "C-4" General Business Use District if the use complies with the Commercial Restrictions and Performance Standards of subsection 1102.1300. )> Medical/Dental Offices )0 Funeral Homes :> Ubraries )> Museums )0 Parks and Open Spaces )> Police and Fire Stations > Banks > Business and Trade Schools :> Offices )0 Retail Shops :> Service Facilities :> Studios )> Showrooms :> parking Business 1102.1202 Uses Permitted With Conditions. A structure or land in a "C-4" General Business Use District may be used for one or more of the following uses if its use complies with conditions stated in subsection 1102.1300 and those specified for the use in this subsection. (1) Adult Day Care. Conditions: a. A minimum of 150 square feet of outdoor seating or exercise area shall be provided for each person under care. (2) Dry Cleaning, Laundering With Route Pick-Up and Delivery. Conditions: a. The use shall not exceed 15,000 square feet in area. b. Outside storage and parking of trucks involved in the operation of the business Is limited to trucks with a manufacturer's rated cargo capacity of one or less. c. Outside vehicle storage shall be screened from any abutting "R" Use District by a bufferyard, as determined by subsection 1107.2003. d. Access shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. City of Prior lAke June 1, 2001 l102/p65 11/21/02 THU 16:49 FAX 6124474245 CITY OF PRIOR LAKE ~004 Zoning Ordinance (3) Group Day Care/Nursery School. Conditions: a. A minimum of 40 square feet of outside play space per pupil must be provided and such space shall be screened with a buffelYard Type C as defined in subsection 1107.2005. b. An off-street pedestrian loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor play areas shall be located a minimum of 200 feet from any roadway designated in the Comprehensive Plan as a principal arterial. (4) Public Service Structures. Conditions: a. All exterior building faces shall comply with subsection 1107.2200. b. All structures shall be located a minimum of 10 feet from any abutting property located in an "R" Use District. c. All service drives shall be paved. (5) Utility Substation. Conditions: a. No structure shall be located within 25 feet of any property line. b. No structure shall be located within 200 feet of any "R" Use District. c. A bufferyard, as determined by subsection 11 07.2003, shall be installed and maintained along all public ways. (6) Animal Handling. Conditions: a. No animals shall be kept outside the building, or be otherwise located, which cause offensive odor or noise discernible at the property line of the lot on whiCh the activity Is conducted. b. Where animals are boarded, the facility shall be located a minimum of 100 feet from abutting properties in an "R" Use District. (7) Appliance, Small Engine and Bicycle Repair. Conditions: a. Engines shall not be operated or tested outside of a structure if the use is located within 300 feet of any "R" Use District. (8) Clubs and Lodges Without Liquor License. Conditions: a. Access shall be from a roadway identified by the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant trafflc on local residential streets. City of Prior Lo1r.e JJI1IJ! 1, 2001 l102/p66 1i/21/02 THU 16:50 FAX 6124474245 CITY OF PRIOR LAKE I4l 005 Zoning Ordinance b. A bufferyard, as determined by subsection 1107.2003, shall be installed and maintained along all property lines which abut property in an "Rn Use District. (Amd. Ord. 99-06; pub. 5122/99) (9) Convention I Exhibition Halls. Conditions: a. All buildings, structures, and truck maneuvering areas shall be located a minimum of 100 feet from any lot lines abutting property in an nR" Use District. b. All loading shall be done within a structure or in an area screened from view with a wall of the same material as the building. Truck maneuvering areas shall be completely screened as required by subsection 1107.309(6). c. A bufferyard, as determined by subsection 1107.2003. shall be provided along all lot lines abutting property in an "R" Use District. (10) Food Service. Conditions: a. A bufferyard, as determined by subsection 1107.2003, shall be provided along all property lines which abut property in an "R" Use District. (Amd. Ord. 99-06; pub. 5/22199) (11) Hotel/Motel. Conditions: a. The facility shall be located on property which contains a minimum of 600 square feet of lot area per unit. b. All buildings and structures shall be located a minimum of 100 feet from any property in an "R" Use District. c. A bufferyard. as determined by subsection 1107.2003, shall be provided at all lot Jines abutting property in an "R" Use District. (12) In-Vehicle Sales or Service. Conditions: a. Drive-through facilities and stacking areas shall not be located adjacent to any "R" Use District. b. A bufferyard Type B as defined in subsection 1107.2005 shall be provided between drive-through facilities and stacking areas and adjacent streets and properties. c. StaCKing shall be provided for 6 cars per customer service point and shall comply with all yard and bufferyard requirements. City of Prior lAke June 1. 2001 l102/p67 11/21/02 THU 16:50 FAX 6124474245 CITY OF PRIOR LAKE l4l 006 Zoning Ordinance d. This use shall only be permitted when it can be demonstrated that the operation will not reduce the existing level of service to a lower level on adjacent streets and intersections. e. The drive-through facility shall be designed so it does not impede traffic or Impair vehicular and pedestrian traffic movement, or increase the potential for pedestrian or vehicular conflicts. f. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. g. Any canopy constructed as part of this use shall be compatible with the architectural design and materials of the principal structure. (13) Medical and Dental Laboratories. Conditions: a. The use shall not generate any fumes or odors which are detectable at the property lines of the parcel on which the use is located. (14) Outdoor Sales (Display). Conditions: a. A bUfferyard. as determined by subsection 1107.2003, shall be provided and maintained along all property lines abutting property located within an "R" Use District. b. No public address system shall be audible from any property located in an "R" Use District. c. The site shall be kept neat and orderly. d. The use shall not be permitted within any required yard, bufferyard or landscaped area. e. This use shall be located a minimum of 100 feet from any property located in an "RII Use District. f. The operator of the use shall not sell or trade exclusively in used merchandise, but shall have at least 1/3 of its stock on the site in new, unused merchandise. g. All open sales or rental lots shall be operated in conjunction with a business operated in a building or buildings in which the same or similar materials are displayed and offered for sale as those displayed on the open sales or rental lot. h. The entire site other than that used or required to be used for building, yard, bufferyard, or landscaping shall be surfaced in blacktop or paving. i. All paved areas shall be graded, designed, and landscaped as required by subsection 1107.200. City of Prior LoJr.e June 1. 200J l102/p68 11/21/02 THU 16:50 FAX 6124474245 CITY OF PRIOR LAKE ~007 Zoning Ordinance J. String lighting shall be prohibited. k. The area of open sales or rental lot used for storage and display of merchandise shall not exceed 2 square feet for every 1 square foot of building on the site devoted to the same or similar use or accessory use. I. A bufferyard Type S, as defined in subsection 1107.2005, shall be installed and maintained along all public ways. (15) Printing Process Facilities. Conditions: a. The total floor area of the use shall not exceed 5,000 square feet. (16) Private Entertainment (Indoor). Conditions: a. The structure in which the use is conducted shall be located a minimum of 60 feet from any "R-1". "R-2" or "R-3" Use District. b. A bufferyard. as determined by subsection 1107.2003, shall be provided along all property located within an nR" Use District. (17) Restaurants Without Liquor License. Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. A bufferyard. as determined by subsection 1107.2003, shall be installed and maintained along all property lines which abut property in an nR" Use District. (Amd. Ord. 99-06; pub. 5/22/99) (18) Shopping Center. Conditions: a. The Shopping center development shall not exceed 275,000 square feet of gross floor area. b. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. A bufferyard. as determined by subsection 1107.2003, shall be provided along all lot lines abutting property in an "R" Use District. d. All buildings and structures shall be set back a minimum of 75 feet from any abutting property in an nR" Use District. (19) Game Rooms. Conditions: City of Prior lA1ce J un.e 1, 2001 1102/p69 11/21/02 THU 16:51 FAX 6124474245 CITY OF PRIOR LAKE l4I 008 Zoning Ordinance a. The hours of operation shall be consistent with subsection 803.1000 of the City Code relating to curfews. b. The use shall be located at least 150 feet from the nearest residential structure. c. Parking shall be calculated based on all uses within the structure or tenant space, using parking standards in the City Code. d. An adult over the age of 21 shall be on the premises during business hours in a supervisory capacity. 1102.1203 Uses Permitted Bv Conditional Use Permit. No structure or land in a "C~4" General Business Use District shall be used for the following uses except by Conditional Use Permit. These uses shall comply with the Commercial Performance Standards of subsection 1102.1300, the requirements of all the general conditions provided in subsections 1108.202 through 1108.204, with the specific conditions imposed in this subsection and with any other conditions the City Council may impose. (1) Motor Fuel Station. Conditions: a. A bufferyard, as determined by subsection 1107.2003, shall be constructed along all lot lines abutting an "R" Use District, except that no wall shall be required within the required front yard. b. All pump islands, air dispensers and other service devices shall be installed at least 12 feet off and toward the interior of the lot from any required yard line, and no display, servicing of vehicles, parking or dispensing of gasoline shall take place within the required yard. On sites where pump islands have been constructed at the required yard line, a landscaped area of 8 feet will be installed in the required yard. c. All parking and paved areas shall meet the grading, design, and landscaping requirements of subsection 1107.200. d. Allan-site utility installations shall be placed underground. e. No outside sale or display shall be permitted except gasoline and other goods consumed in the normal operation of a car and limited to the following products: oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries. No products shall be sold or displayed in any required yard nor shall the total display area occupy more than 150 square feet in area or be more than 5 feet in height. No other vehicular parts and non-automobile oriented goods shall be displayed or sold outside. f. Any canopy and canopy support system shall be constructed using architectural design materials which are compatIble with the principal structure. City of Prior LoJce JlUIe ], 200] l102/p70 11/21/02 THU 16:51 FAX 6124474245 CITY OF PRIOR LAKE 141009 Zontng Ordinance g. No public address system shall be audible from any property located in an "R" Use District. (2) Motor Vehicle Sales. Conditions: a. No previously registered but currently unlicensed or non--operable vehicles shall be stored on premises. b. All open sales or rental lots shall be operated in conjunction with a building or buildings containing the same or similar materials as displayed on the open sales or rental lot. c. The building and the sales or rental lot shall be on one contiguous site. d. All parking and paved areas shall meet all of the landscaping and design requirements of subsection 1107.200. e. String lighting shall be prohibited. f. The area of open sales or rental lot used for storage and display of merchandise shall not exceed 2 square feet for every 1 square foot of building on the site devoted to the same or a similar use or accessory use. g. Test driving shall be prohibited on any street in an "R" Use District. h. No outdoor public address system shall be permitted. i. All customer and employee parking shall be clearly designated and signed. j. No motor vehicle transport loading or unloading shall be permitted on any minor residential street. k. No display or storage of motor vehicles shall be permitted on any public right-of-way. I. A bufferyard, as determined by subsection 1107.2003, shall be installed and maintained along all property lines of an abutting fiR" Use District. m. The storage lot shall be located a minimum of 100 feet from an "R" Use District. (3) Motor Vehicle Service, Repair. Conditions: a. No public address system shall be audible from any property located in an IIR" Use District. b. All repair, assembly, disassembly and maintenance of vehicles shall be inside a closed building except tire inflation, changing wipers or adding oil. c. Test driving shall be prohibited on any street in an "R" Use District. City if Prior lAke June 1. 2001 l102/p71 11/21/02 THU 16:51 FAX 6124474245 CITY OF PRIOR LAKE [4]010 Zoning Ordinance d. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffieon local residential streets. e. The building housing the use shall be located a minimum of 100 feet from any lot in an "Rn Use District. f. A bUfferyard, as determined by subsection 1107.2003, shall be provided along any abutting an "R" Use District. g. A car wash shall have parking space to permit the stacking of at least 30 cars or the maximum number of vehicles which can be washed during a 30 minute period, whichever Is greater; plus an additional 10 off-street parking spaces for employees and storage of employee owned and washed cars. h. Drainage and surfacing plans for a car wash shall be approved by the City Engineer. The plans shall describe the wash water disposal and sludge removal faalities to be employed to accomplish dust, salt and other chemical and mud abatement on the premises and prevent the accumulation of surface water, wash water or sludge on the site or in the vicinity of the premises. i. A car wash shall have all parking and paved areas meet the drainage, design and landscaping provisions of subsection 1107.200. j. No ingress or egress points for a car wash shall be closer than 150 feet from the point of intersection of the required front and side yard lines adjoining intersecting streets. The exit door from the car wash shall be at least 45 feet from the pUblic right-of-way. Drainage shall be away from the public street at the egress points to prevent spillage onto the street. The grades of the interior floor shall be Sloped away from the exit door, and said floor shall be sloped to an accepted interior drainage system. No water which is used in the operation of the car wash shall be allowed on any public right-of-way. k. Automatic car washes accessory to a motor fuel station or motor vehicle service and repair facility shall provide stacking space for at least four cars. Cars located in these stacking spaces should not block ingress and egress driveways on the site or driveways providing access to gasoline pumps, service bays or required off-street parking, except that vehicles in stacking spaces may block access to parking stalls which are signed for employee parking only. All other provisions in subsections 1102.1203(3a) through 1102.1203(3j) above shall apply to automatic car washes, except that no additional off-street parking spaces shall be required for an automatic car wash and ingress or egress to an automatic car wash may be permitted within 150 feet of the point of intersection of the required front and side yard lines subject to the limitations of subsection 1102.1203(3j). (4) Restaurants With Liquor. Conditions: City of Prior lAke June /, 200/ l102/p72 11/21/02 THU 16:52 FAX 6124474245 CITY OF PRIOR LAKE l4J 011 Zoning Ordinance a. Access shall be from a roadway identified in the Comprehensive Plan as a collector or othelWise located so that access can be provided without generating significant traffic on local residential streets. b. The building housing the use shall be located a minimum of 100 feet from any property located in an "R" Use District. c. Separate pedestrian ways shall be constructed to allow for the separation of pedestrian and vehicular movements within the parking lot. d. A bufferyard, as determined by subsection 1107.2003, shall be Installed and maintained along any abutting property in an "RII Use District. (5) Clubs And Lodges With Liquor. Conditions: a. Access shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or otherwise located so that access can be provided without conducting significant traffic on local residential streets. b. The building housing the use shall be located a minimum of 100 feet from any property located in an "R" Use District. c. Separate pedestrian ways shall be constructed to allow for the separation of pedestrian and vehicular movements within the parking lot. d. A bufferyard, as determined by subsection 1107.2003, shall be installed and maintained along all property lines which abut property in an "R" Use District. (6) Shopping Centers Over 275,000 Square Feet of Gross Floor Area. Provided: a. The shopping center must conform with all of the conditions for shopping centers less than 275,000 square feet of gross floor area. b. In-vehicle sales or service shall only be permitted when it can be demonstrated that their operation will not have an adverse effect on the intemal circulation of the shopping center, or reduce the level of service to a lower level of nearby street and Intersections. The use must also comply with the following conditions: )> Drive-through facilities and stacking areas shall not be located adjacent to any "R" Use District. )- A bufferyard, Type B as defined in subsection 1107.2005, shall be provided between drive-through facilities and stacking areas and adjacent streets and properties. )- Stacking shall be provided for a minimum of 6 cars per customer service point. City of Prior Lnk.e JuneJ,200J 1102/p73 11/21/02 THU 16:52 FAX 6124474245 CITY OF PRIOR LAKE 141012 Zoning Ordinance )0 Stacking shall be prohibited on public streets, in fire lanes, and in areas that intelfere with on-site vehicular and pedestrian circulation. c. Outdoor sales/display, other than permitted in subsection 1101.510(3), shall only be permitted when it can be demonstrated that such use can be aesthetically integrated into the site design and must comply with the conditions set forth in Section (a) above and the following additional conditions: > The size of the outdoor sales/display area(s) may be no greater than 30% of the ground floor building area of the associated principal uses(s) and may be further restricted as deemed appropriate to the scale of the Shopping Center and associated indoor uses. >> A masonry wall shall be required around the entire outdoor sales/display area and shall utilize the same exterior materials as the prindpal building; landscaping may also be required to supplement the appearance of the wall and diminish views of the area from surrounding properties. > No outdoor saleS/display items other than plant materials may extend above the height of the wall. >> Any temporary or permanent buildings associated with the outdoor sales/display area must be architecturally integrated with the principal building(s) and approved as part of the Conditional Use Permit. d. All stores that provide shopping carts must include interior and exterior cart storage areas; areas within parking lots for the temporary storage of shopping carts must be separated from parking spaces. by curbed, landscaped islands and shall not include metal"cart corralsn. Other outdoor shopping cart storage areas must be screened utilizing architectural screening of the same exterior materials as the principal building. e. Shopping centers shall reserve at least 10% of required parking spaces as landscaped open space for a minimum of two years after issuance of the Certificate of Occupancy. At any time during the first two years or thereafter, such proof of parking open space shall be converted to parking if the Zoning Administrator finds that such parking is necessary based upon evidence of overflow parking on public streets, on neighboring off-site properties, in fire lanes, or in other on-site areas that are not striped for parking. This requirement may be waived by the City Council if open space in excess of the minimum requirements is provided in other areas of the site. After 2 years, the proof of parking open space may be converted to parking if deemed necessary by the property owner(s). f. Cumulative parking requirements may be reduced up to 30% of required spaces at the sole discretion of the City Council if one or more of the following are provided: June 1.2001 City of Prior lAke l102/p74 11/21/02 THU 16:52 FAX 6124474245 CITY OF PRIOR LAKE 14I0lJ June1. 2001 Zoning Ordinance )0 Proof of parking areas in excess of minimum required to be set aside as open space; > Agreement to construct parking ramps or other means of satisfying parking requirements when and if warranted as determined by the Zoning Administrator based upon evidence of overflow parking on public streets, on neighboring off-site properties, in fire lanes, or in other on-site areas that are not striped for parking; > Joint parking/shared parking arrangements between uses; )0 Off-site employee parking, employee car/van pooling, and/or provision of employee transit passes. > Superior transit, pedestrian, and/or bicycle access and bicycle parking. g. All trash handling and loading areas must be interior or utilize architectural screening consisting of the same exterior facing materials as the principal building. h. Truck circulation and loading areas must be separated from streets and properties adjoining the site by a bufferyard. Single use buildings over 10,000 square feet and multiple use buildings over 15,000 square feet that are constructed after adoption of thIs Ordinance must utilize a landscaped bufferyard that is a minimum of 40 feet In width in order to satisfy this requirement. Such bufferyard must indude a minimum 5 feet tall berm along its entire length, a double row of evergreen trees that are each a minimum of 8 feet tall at planting and spaced no more than 25 feet apart, and deciduous trees interspersed with the evergreen plantings. i. Buildings must utilize at least 60% brick, marble, granite or other natural stone on each building face and no more than 10% Class III materials on any building face that is visible from public areas within the PUD or from off-site. j. Shopping centers must visually integrate all buildings by utilizing some of the same exterior materials and architectural elements such as roof pitch and window treatments. k. Buildings and additions to existing buildings may not exceed the unbroken building wall length to height ratio of 3:1; if the 3:1 ratio is used, each building wall deviation must be a minimum depth of 2 feet; if a 2: 1 building wall length to height ratio is used, the depth of each building wall deviation may be reduced to 1 foot. I. Buildings and additions to existing buildings must utilize parapet walls to completely screen rooftop equipment from ground level view and must paint rooftop equipment to match the color of the roof in order to minimize the visual impact as viewed from other buildings. City of Prior Lake l102/p75 11/21/02 THU 16:53 FAX 6124474245 CITY OF PRIOR LAKE l4I014 Zoning Ordinance m. Shopping centers must include sidewalks along all public street right-of- ways as deemed appropriate and on-site pedestrian connections that are separated from parking areas by curbed, lar'!dscaped islands which have a minimum width of 20 feet Inclusive of sidewalk. n. Shopping centers must provide either outdoor or indoor public plaza(s). Public plazas must have a minimum size of 10% of the total ground floor building area of the shopping center (including outdoor sales building area) and shall contain landscaping, walkways, benches, and a feature element such as a fountain or clock tower. Interior mall "food courts" are not included in public plaza areas. Outdoor public plazas shall be designed to break up large areas of parking and shall be accessible via landscaped pedestrian islands desaibed in condition (m) above. o. The shopping center shall comply with all other applicable Code provisions unless specifically modified by the conditions listed above. p. The minimum lot area for shopping centers constructed under this Section is 10 acres. 1102.1204 Accessorv Uses. The following uses shall be permitted accessory uses in a "C- 4" General Business Use District: })o Warehouse/Storage provided that the storage does not occupy more than 40% of the gross floor area of the site. No warehouse/storage area shall exceed 20,000 square feet. ~ Parking Lots whiCh comply with the reqUirements of subsection 1107.200. ~ Helistops jf the helistop is subordinate to the principal use in area, extent, and purpose. The helicopter pad must be dust free and screened from view and take off and landings shall not be over residential areas. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m., excluding emergency operations. ~ Bar If accessory to a restaurant, hotel, private entertainment (indoor), club or lOdge. ). I ncidental repair or processing which is necessary to conduct a permitted principal use shall not exceed 25% of the gross floor area or 25% of the labor hours required to conduct the principal permitted use. >> Food Service (1) Outdoor seating and service of foOd and beverages is permitted as an accessory use to a restaurant if: a. The use Is separated from any adjacent residential use by' a building wall. This proVision will not apply if the residential use is located in an upper story above a restaurant. b- No speakers or other electronic devices which emit sound are permitted outside of the principal structure if the use is located within 500 feet of a residential use. -"' City of Prior lA1ce June 1, 2001 l102/p76 11/21/02 THU 16:53 FAX 6124474245 CITY OF PRIOR LAKE 14J 015 Zoning Ordinance C. Hours of operation shall be limited to 7 a.m. to 10 p.m. if located within 500 feet of a residential use. d. Additional parking will not be required if the -outdoor seating area does not exceed 500 square feet of 10% of the gross floor area of the restaurant, whichever is less. parking will be required at the same rate as the principal use for that portion of outdoor seating area In excess of 500 square feet or 10% of the gross building area, whichever is less. (2) Outdoor seating and service of food and alcoholic beverages is permitted as an accessory use if: a. All the requirements of subsection 1 a-d above are met. b. Access to and from the outdoor area shall be through the indoor seating area. There shall be no direct access to the outdoor seating area from the parking lot or street. c. Food service to the outdoor area shall be provided during all hours of operation. d. No bar shall be located in the outdoor area, except a service bar for the exclusive use of the employees. 1102.1205 Dimensional Standards )- The minimum lot area is 1 acre. > The minimum lot width is 150 feet. >> Required Yard are as follows: Front Yard: 50 feet Side Yard: 20 feet Rear Yard: 30 feet > Maximum Height is 35 feet. 1102.1300: Commercial Restrictions And Performance Standards. The following Restrictions and Performance Standards shall govern uses permitted by any "C" Commercial Use District. (1) All business activities including but not limited to sales, rentals, service, storage, merchandise display, repair, and processing, except for off-street vehicular parking and off-street loading, which are conducted in a Commercial Use District shall be specifically permitted elsewhere in this Ordinance. (2) Outdoor storage shall be prohibited in the Commercial Use Districts except when specifically permitted elsewhere in this Ordinance. (3) Goods produced on the premises in the "C-1" Use District shall be sold only at retail on the premises and the processes and equipment employed In production shall be of such character that no offensive odor, dust, smoke. ash, gas, noise, vibration or waste matter are produced from the use of them. City 01 Prior LoJce Jrmt 1. 2001 l102/p77 ~~6/27/02 THU 16:2 i h '-- [- 1102.905 Dimensional Standards )> Maximum building size - 10,000 square feet }> Minimum lot size. 20,000 square feet >> Maximum lot size - 5 aaes >> Maximum Height - 35 feet >> Front Yard - 30 feet >> Rear Yard - 30 feet >> Side YCird - 1-5 feet 1102.1000: ''C_2N Community Business Use District. The purpose of the "C-2" COmmunity Business Use District Is to allow the concentration of general. commercial development. for the convenience of the public and mutually beneficial relationship to each other in those areas located away from residential areas designated by the Comprehensive Plan: to provide space for community fadlities and Institutions that appropriately may be located in commercial areas; to provide adequate space to meet the needs of modem commercial development, including off-street parking and truck loading areas;' to minimize tnaffic congestion; and to carefully regulate the intenSity of commercial development as it refers to both internal site factors and external impacts. 1102.1001 Permitted Uses. The following uses are pennittBd in the "C-2" Community Business Use District if the use complies with the Commercial Restrictions and Performance Standards of subsection 1102.1300: > Retail }> Services >> Offices > Medical and Dental Offices >> Museums > Banks. )> Police and Fire Stations 1102.1002 Uses Permitted With Conditions. A structure or land in a uC~2" Community Business Use District may be used for.one or more of the following uses if its use complies with conditions stated in subsection 1102.1300 and those specified for the use in this subsectfon. (1) Adult Day Care. Conditions: ar, d/ Prior l..ob June 1. 2lJOI 1l02lp45 06/27/02 TED 16:26 FAX 6124474245 CITY OF PRIOR LAKE f4I 002 Zoning Ordinance a. A minimum of 150 square feet of outdoor seating or exercise area shall be provided for each person. under care. - (2) Group Day Care/Nursery School. Conditions: a. A minimum of 40 square feet of outside play space per pupil must be provided and such space shall be screened with a bufferyard Type C as defined by subsection 1107.2005. b. An off-street pedestrian loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor play areas shaD be located a minimum of 200 feet of any roadway designated in the Comprehensive Plan as a principal arterial. (3) Park and Recreation. Conditions: a. The principal structure shall be located a minimum of 50 feet from a lot in an DR" Use District. b. Areas.designated for group activities shall be located a minimum of 25 feet from a lot In an "R" Use District. c. Swimming pools shall be located a minimum of 50 feet from any lot line and a minimum of 12 feet from any other structure of the same lot, and shall be completely endosed using an JlF3" fence, as defined in subsection 1107.2005, as a minimum requirement. d. A bufferyard, Type C as defined by subsection 1107.2005, shall be constructed along the property line when a community park abuts property residentially used or in an "R" Use DIstrict. Application of this provision shall not require a fence within the required front yard. e. The entire site other than that taken up by structures, required buffer yards, or other landscaped areas shall be surfaced with a material to control. dust and drainage_ f. Facilities which serve a eommunity-wide or regional function. shall be located with primary vehicular access on a roadway identified in the Comprehensive Plan as collector or arterial street. g. Facilities within 300 feet of a property in an "R" Use District that require night lighting shall be lighted according to a lighting plan approved by the City which shall include fixture specificaiions and demonstrate that off-site impacts will be minImized. (4) Public Service Structures. Conditions: a. All exterior building faces shall comply with subsection 1107.2200. Oly of Prier l..JJJ:s lune1. 2001 l102Jp46 06/27/02 THU 16:26 FAX 6124474245 CITY OF PRIOR LAKE /4]003 Zoning Ordinance b. All structures shall be located a minimum of 10 feet from any abutting property located in an "R" Use District. c. All seNice drives shall be paved. (5) Utility Substation. Conditions: a. No structure shall be located within 25 feet of any property line. b. No structure shaU be located within 200 feet of any "R" Use District. c. A bufferyard, as determined by subsection 1107.2003, shall be installed and maintained along all public ways. (6) Clubs and Lodges Without Liquor Licenses. Conditions: a. Access shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided WIthout generating significant traffic on local residential streets. b. A bufferyard, as determined by subsection 1107.2003, shall be installed and maintained aJong all property lines which abut property in any "R" Use District. (Amd. Ord. 99-06; pub. 5122/99) (7) Food Service. Conditions: a. A bufferyard, as determined by subsection 1107.2003, shall be provided along all property lines which abut property in an "R" Use District. (Amd. Oni. 99-06; pub. 5122/99) (8) HoteUMotel. Conditions: a. The facility shall contain a minimum of 600 square feet of lot area per unit. b. All buildings and structures shall be located a minimum of 100 feet from any property in an "R" Use District c. A bUfferyard, as determined by subsection 1107.2003, shall be provided at all lot lines abutting property in an "R" Use District. (9) 'n..Vehlcle Sa18& or Service. Conditions: a. Drive-through facilities and stacking areas shall not be located adjacent to any "R" Use District. b. A bufferyard, as determined by subsection 1107.2003, shall be provided between driVe-through faalitles and staCking areas and adjacent streets and properties. Ory of Prior l.oJc8 Junsl. 2lXJl l102/p47 06/27/02 THU 16:26 FAX 6124474245 CITY OF PRIOR LAKE @004 Zoning Ordinance c. Stacking shall be provided for 6 cars per customer service point and shall comply with aU yard and bufferyard requirements. d. This use shall only be permitted when it can be demonstrated that the operation will not reduce the existing level of service to a lower level on adjacent streets and intersections. e. The drive-through fadlity shall be designed so it does not impede traffic or impair vehicular and pedestrian traffic movement, or increase the potential for pedestrian or vehicular conflicts. f. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. g. Any canopy constructed as part of this use -shall be compatible with the architectural design and materials of the principal structure. (10) Printing Process Facilities. Conditions: a. The total floor area of the use shall not exceed 5,000 square feet. (11) Restaurants Without Liquor License. Conditions: a. Access shalf be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. A bufferyard, as determined by subsection 1107.2003, shall be installed and maintained along all property lines which abut property in an lOR" Use District. (Amd. Om. 99-06; pub. 5/22/99) (12) Shopping Center. Conditions: a. The shopping center development shall not exceed 150,000 square feet of gross floor area. b. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be proVided without generating significant traffic on local residential streets. c. A bufferyard, as determined by subsection 1107.2003. shall be provided along all lot lines abutting property in an "R" Use District. d. All buildings and structures shall be set back a minimum of 75 feet from any abutting propertY in an "R" Use Districl ary of Prior LoJce JUM I, 1IXJ] 11021p48 . 06/27/02 THU 16:21 FAX 6124474245 CITY OF PRIOR LAKE @005 Zoning Ordinance 1102.1003 Uses Permitted Bv Conditional Use Permit. No structure or land in a "C-2" Community Business Use District shall be used for the following uses except by Conditional Use Permit. These uses shall 'comply with the Commercial Performance Standards of subsection 1102.1300, the requirements of all the general conditions provided in subsections 1108.202 through 1108.204, with the specific conditions imposed in this subsection and with any other conditions the City Council may impose. (1) Motor Fuel Station. Conditions: a. A bufferyard, as determined by subsection 1107.2003, shall be constructed along all lot lines abutting "R" Use Districts, except that no wall shall be required within the required front yard. b. . AJI pump islands, air dispensers and other service devices shall be installed at least 12 feet off and toward the interior of the lot from any required yard line, and no display, servicing of vehicles, parking or dispensing of gasoline shall take place within the required yard. On sites where pump islands have been constructed at the required yard line, a landscaped area of 8 feet will be installed in the required yard. c. All parking and paved areas shall meet the grading. design, and landscaping requirements of subsection 1107.200. . d. All on-site utility installations shall be placed underground. , e. No outside sale or display s,halJ be permitted except gasoline and other goods consumed in the nonnal operation of a car and limited to the following products: oil. gasoline and oU additives. windshield deaner. windshield wipers. tires and batterles. No products shall be sold or displayed in any required yard nor shall the total display area occupy more than 150 square feet in area or be more than 5 feet In height. No other vehic.ular parts and non-automobile oriented goods shall be displayed or sold outside. f. Any canopy and canopy support' system shall be constructed using architectural design materials which are compatible with the principal structure. g. No public address system shall be audible from any property located in an "R" Use District. (2) Restaurants With Liquor. Conditiot:\s: a. Ac:cess shall be from a roadway identified in the Comprehensive Plan as a collector or otherwise located so that access can be provided without generating significant traffic on local residential streets. b. The building housing the use shall be located a minimum of 100 feet from any property located In an. "R" Use District. Clty of Prior l..oks JU1'Ull, 2001 1102/p49 .06/27/02 THU 16: 27 FAX 6124474245 CITY OF PRIOR LAKE !4J 006 Mming Ordinance c. Separate pedestrian ways shall be constructed to allow for the separation of pedestrian and vehicu,lar movements within the parking lot. d. A bufferyard, as determined by subsection 1107.2003, shall be installed and maintained along any abutting property in a "R" Use District. (3). Clubs And Lodges With Uquor. Conditions: a. Access shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or otherwise located so that access can be provided without conducting significant traffic on local residential streets. b. The building housing the use shall be located a minimum of 100 feet from any property located In an "R" Use District. c. Separate pedestrian ways shall be constructed to allow for the separation of pedestrian and vehicular movements within the parking lot d. A bufferyard, as determined by subsection 1107.2003, shall be installed and maintained along all property lines which abut property in an "R" Use District. (4) Convention/Exhibition Halls. Conditions: a. All buildings, structures, and truck maneuvering areas shall be located a minimum of 100 feet from any lot lines abutting property in an "R" Use District. b. All loading shall be done within a structure or in an area screened from view with a wall of the same material as the building. Truck maneuvering areas shall be completely screened as required by subsection 1107.309 (6). c. A bufferyard, as determined by subsection 1107.2003, shall be provided along all lot lines abutting property in an IfR" Use District. (5) Marinas. Conditions: a. A bufferyard Type C. as defined in subsection 1107.2005. shall be constructed along the property line where it abuts property residentially used or if it abuts any "Rw Use District. b. Lake Service Signs, as regulated by subsection 1107.809, are permitted. c. Ughting shall be provided for safety and security only, and shall not be directed at the lake or at adjacent properties. Lights for parking lots. building and dock identification may have no more than 0.5 foot candles at the property line or at the edge of the doc!< structure furthest from the shore. d. Boat tours are permitted between the hours of 8:00 am. and 10:00 pm. Qty of Prior Lakea June 1, 2O{Jl 1102/pSO - 06/27/02 THU 16:27 FAX 6124474245 CITY OF PRIOR LAKE @007 f4J 006 Zoning Ordinance e. One parking space for each 4 boat slips must be provided. If tour boats are based at the marina, an additional 1 parking space for each 4 seats on the boat is required. f. Retail sales are limited to motors, parts. bait, e~ui~ment. gas and oil. and accessories. On-site preparation and sale of food and beverages is allowed, sUbject to the other provisions of the Zoning Ordinance, including, but not limited to. parking, lighting, signage hours of operation. g. Rental of boats and boat and motor repair may be permitted as an accessory use to the marina, provided the space devoted to this accessory use is limited to 50% of the floor area of the principal use. 1102.1004 Uses Pennltted Bv PUD. No structure or land in a "C_2R Business District shall be used for the following uses except by the PUD Process. Uses and structures which are permitted by righ~ permitted with conditions, or permitted as conditional uses may also be permitted by PUD. Provisions for the pun and modifications to dimensional standards and densities are provided under subsections 1106.300 through 1106.500. (1) Multiple Family Dwelling and Cluster Housing. Provided: a. It is part of a larger development pennitted within the RC-2" Use District. . b. The building design and placement provides a desirable residential environment. c. Access to open space, plazas, and pedestrian ways shall be provided. d. The housing shall represent a maximum of 25% of the gross floor area of total development. e. Site access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets-. f. The site shall contain a minimum of 400 square feet of usable open space per dwelling unit and no more than 1/2 of the usable open space is lo"""~ in the front yard. g. All dwelling units shall be at or above the grade of all land within a distance of 25 feet from all faces of the building. h. The minimum spacing between buildings shall be at least equal to the average heights of the buildings except where dwellings share common walls. . i. Buildings shall be located a minimum of 15 feet (1 VIII the back of the curb line of internal private roadways or parking lots. aty of PrltJr Loke JI1M 1, 2001 1102lp51 .06/27/02 THU 16:28 FAX 6124474245 CITY OF PRIOR LAKE @008 Zoning Ordinance (2) Elderly Housing. Provided: a. The property meets all of the conditionat use requirements of multiple family dwellings in subsection 1102.703(2). b. A minimum of 25' percent of the usable open space is developed as outdoor recreation or garden areas. c. A minimum of 900 square feet of lot area is provided for each dwelling unit. d. Covenants running with the land in a form approved by the City Attorney have been recorded against the property which restrict the use of the property for occupancy by the elderly. e. The development shall prOvide a lounge or other inside community rooms amounting to a minimum of 15 square feet for each unit. (3) Shopping Centers Over 150,000 Square Feet of Gross Floor Area. Provided: a. The shopping center must confonn with all of the conditIons for shopping centers less than 150,000 square feet of gross floor area and shall not exceed 275,000 square feet in area. b. In-vehicle sales or service shall only be permitted when it can be demonstrated that their operation will not reduce the level of service to a lower level of nearby street and intersections. The pun must also comply with the following conditions: ) Drive-through facilities and stacKing areas shall not be located adjacent to any "R" Use District. > A bufferyard, as determined by subsection 1107.2003, shall be provided between drIVe-through facilities and stacking areas and adjacent streets and properties. > stacking shall be provided for a minimum of 6 cars per customer service point. )> Stacking shall be prohibited on public streets, In fire lanes, and in areas that interfere with on-site vehicular and pedestrian circulation. c. Outdoor sales/display, other than permitted in subsection 1101.510(5), shall only be permitted when it can be demonstrated that such use can be aesthetically integrated into the pun site design and must comply with the conditions set forth in subsection (a.) above and the following additional conditions: > The size of the outdoor sales/display area(s) may be no greater than 30% of the ground floor building area of the associated principal uses(s) ---:- Oly of Prior Lola! June 1.2001 l102/pS2 '06/27/02 THU 16:28 FAX 6124474245 CITY OF PRIOR LAKE @009 June 1. 2001 Zoning Ordinance and may be further restricted as deemed appropriate to the scale of the pun and associated indoor uses. )0 A masonry wall shall be required around the entire outdoor sales/display area and shall utilize the same exterior materials as the principal building; landscaping may also be required to supplement the appearance of the wall and diminish views of the area from surrounding properties. )> No outdoor sales/display items other than plant materials may extend above the height of the wall. )0> Any temporary or permanent buildings associated with the outdoor sales/display area must be architecturally integrated with the principal buildlng{s) and approved as part of the PUD. d. All stores that provide shopping carts must include interior and exterior cart storage areas; areas' within parking lots for the temporary storage of shopping carts must be separated from parking spaces by. curbed, landscaped Islands and shall not include metal "cart corrals", Other outdoor shopping cart storage areas must be screened utilizing arch itectural screening of the same exterior materials as the principal building. e. Shopping centers constructed after adoption of this Ordinance shall reserve at least 10% of required parking spaces as landscaped open space for a minimum of two years after issuance of the Certificate of Occupancy. At any time during the first two years or thereafter, such proof of parking open space shall be converted to parklng if the Zoning Administrator finds that such parking is necessary based upon evidence of overflow parking on public streets. on neighboring off-site properties, in fire lanes, or in other on-site areas that are not striped for parking. This requirement may be waived by the City Council if open space in excess of the minimum requirements is provided in other areas of the site. Mer 2 years, the proof of parking open space may be converted to parking if deemed necessary by the property owner{s). f. Cumulative parking requirements may be reduced up to 30% of required spaces at the sole discretion of the City CouncU if one or more of the following are provided: >> Proof of parking areas in excess of minimum required to be set aside as open space; )0 Agreement to construd parking ramps or other means of satisfying parking requirements when and if warranted as determined by the City Zoning Administrator based upon evidence of overflow parking on public streets, on neighbortng off-site properties, in fire lanes, or in other on-site areas that are not striped for parking; >> Joint parking/shared parking arrangements between uses; City of Prior l..tk 1102/pS3 .'06/27/02 THU 16: 28 FAX 61244i4245 CITY OF PRIOR LAKE @OlO Zoning Ordinance ~ Off-site employee parking. employee car/van pooling, and/or provision of employee transit passes. > Superior -transit, pedestrian, and/or bicycle access and bicycle parking. g. All trash handling and loading areas must be interior or utilize architecturaJ screening consisting of the same exterior facing materials as the principal building. h. Truck cirCulation and loading areas constructed after adoption of this Ordinance must be separated from streets and properties adjoining the PUD by a bufferyard. Single use buildings over 10,000 square feet and multiple use buildIngs over 15.000 square feet that are constructed after adoption of this Ordinance must utilize a landscaped bufferyard that is a minimum of 40 feet in width in order to satisfy this reqUirement. Such bufferyard must indude a minimum 5 feet tall berm along its entire length, a double row' of evergreen trees that are each a minimum of 8 feet tall at planting and spaced no more than 25 feet apart, and dedduous trees interspersed with the evergreen plantings. i. Buildings must utilize at least 60% brick, marble. granite or other natural stone on each building face and no mora than 10% Class /II materials on any building face that is visible from public areas within the PUD or from off-site. j. Shopping centers must visually Integrate all Qui/dings by utilizing some of the same exterior materials and architectural elements such as roof pitch and window trea1ments. k. Buildings and addItions to existing buildings may not exceed the unbroken building wall length to height ratio of 3:1 i if the 3;1 ratio is used, each building wall deviation must be a minimum depth of 2 feet; if a 2: 1 building wall length to height ratio is used, the depth of each building wall deviation may be reduced to 1 fool I. Buildings and additions to existing buildings must utilize parapet walls to completely screen rooftop equipment from ground level view and must paint rooftop equipment to match the color of the roof in order to minimize the visual impact as viewed from other buildings. m. Shopping centers must. include sidewalks along all public street right-of- ways as deemed appropriate and on-site. pedestrian connections that are separated from parking areas by curbed, landscaped islands which have a minimum width of 20 feet inclusive of sidewalk. n. Shopping centers must provide either outdoor or indoor public plaza(s). Public plazas must have a minimum size of 10% of the total ground floor building area of the shopping center (including outdoor sales building area) and shall. contain landscaping, walkways, benches, and a feature element such as a fountain or clock tower. Interior mall "food CQurts" are not City of Prior Lake June J, 2001 1102/p54 . 06/ 27/0 2 THU 16: 29 FAX 612 4 4 7 4 2 4 5 CITY OF PRIOR LAKE f4IOll Zoning Ordinance incfuded in public plaza areas. Outdoor public plazas shall be designed to break up large areas of parking and shall be accessible via landscaped pedestrian islands described in subsection 1102.1 004(3m) above. a. A development contract is required as part of the Final PUO approval and shall address at a minimum: approved site and building design yfLt;;ria. approved sign locations and design criteria, construction phasing, Letters of Credit for construction of onM and off-site improvements generated by the development, and maintenance. p. The shopping center shall comply with all other applicable Code provisions unless specifically modified by the conditions listed above or by approval of a Final PUD Plan and Development Contract. q. The minimum lot area for shopping centers constructed under this subsection is 10 acres. 1102.1005 Accessorv Uses. The following uses shall be permitted accessory uses in a "C- 2" Community Business District: ~ Parking Lots which comply with the requirements of subsection 1107.200. }o Bar if accessory to a restaurant, hotel, private entertainment (indoor), club or lodge. ~ Incidental repair or processing which is necessary to conduct a permitted principal use shall not exceed 25% of the gross floor area or 25% of the labor hours required to conduct the principal permitted use. }o Food Service (1) Outdoor seating and service of food and beverages is permitted as an accessory use to a restaurant if: a. The use is separated from any adjacent residential use by a building wall. This provision will not apply if the reSidential use is located in an upper story above a restaurant. b. No speakers or other electronic devices which emit sound are permitted outside of the principal structure if the use is located within 500 feet of a residential use. c. Hours of operation .shall be limited to 7 a.m. to 10 p.m. if located within 500 feet of a residential use. d. Additional parking will not be required if the outdoor seating area does not exceed 500 square feet of 10% of the gross floor area of the restaurant, whichever is less. Parking will be required at the same rate as the principal use for that portion of outdoor seating area in excess of 500 square feet or 10% of the gross building area, whichever Is less. City of Prior LaJce June 1, 2fXJ1 11021p55 06/27/02 THU 16:29 FAX 6124474245 CITY OF PRIOR LAKE -@012 Zoning Ordinance (2) Outdoor seating and service of food and beverages is permitted as an accessory use if: 8. All the requirements of subsection 1a-d above are met. b. Access to and from the outdoor area shall be through the indoor seating area. There shall be no direct access to the outdoor seating area from the parking lot or street. c. Food service to the outdoor area shall be provided during all hours of operation. d. No bar shall be located in the outdoor area, except a service bar for the exclusive use of the employees. 1102.1006 Dimensional Standards. ~ Minimum Lot Size is 5,000 square feet ~ Minimum Lot Width is 50 feet. }> Required Yards are as follows: Front Yard: 25 feet Side Yard: 10 feet RearYard: 15 feet ). Maximum Height is 35 feet 1102.1100: "C..3" Specialty Business Use District. The purpose of the "e-3" Specialty Business Use District is to provide for a variety of commercial uses within the framework of a traditional downtown area. 1102.1101 Permitted Uses. The following uses are permitted in the "e-3" Specialty Business Use District if the use complies with the Commercial Restrictions and Perfonnance Standards of subsection 1102.1300. > MedlcaYDental Offices > Retail }> Showrooms ~ Offices ~ Services ~ Ubraries ~ Police and Fire Stations ~ Businessrrrade Sdlools ~ Business Services ~ Hotel/Motel :> Printing Process/Supplies }> Studios ~ Museums/Art Galleries 1102.1102 Uses Permitted With Conditions. A structure or land in a "C-3" Specialty Business Use District may be used for one or more of the following uses if its City of Prior LI1ir8 JUlIe 1. 200} 1l02lp56 Legal Description -16450 Anna Trail Southeast P.LD. #: 25-90241-0/25-902038-0 A tract ofland in the Northwest ~ of Southeast Y4 of Section 2, Township 114 North, Range 22 West, Scott County, Minnesota described as follows: Beginning at a point on the North line of said Northwest ~ of Southeast ~ distant 494.8 feet East of the northwest comer thereof; thence continuing East along said north line a distance of205.2 feet; thence South and parallel to the West line of said Northwest ~ Southeast ~ a distance of 400.0 feet; thence West and parallel to said North line a distance of 50.0 feet; thence South and parallel to said West line a distance of267.2 feet to the centerline of a township road; thence westerly along said road distance of 155.25 feet; thence North and parallel to said West line a distance of 522.7 feet; thence West and parallel to said North line a distance of 110.55 feet; thence North and parallel to said West line a distance of74.9 feet; thence East and parallel to said North line a distance of 110.55 feet; thence North and parallel to said West line a distance of 75.1 feet to the point of beginning, with right of access over the existing road to Old State Highway Number 13. AND A tract of land in the Northwest ~ of the Southeast ~ of Section 2, Township 114 North, Range 22 West, Scott County, Minnesota described as follows: Beginning at a point on the North line of said Northwest ~ of the Southeast ~ distant 700 feet East of the northwest comer thereof; thence South and parallel to the West line of said Northwest ~ of the Southeast ~ distance of 400 feet; thence West and parallel to said North line a distance of 50 feet; thence South and parallel to said West line a distance of 267.2 feet to the centerline of a township road; thence easterly along said road a distance of approximately 670 feet to the East line of said Northwest ~ of the Southeast ~; thence North on said East line to the northeast comer of said Northwest ~ of Southeast ~; thence West along said North line approximately 620 feet to the point of beginning, except that part taken for Highway 13, and also subject to easements of record, except that portion thereof lying southeasterly of the southeasterly right-of-way of State Trunk Highway 13. r: :-.-/ '. -:::;-{'~;::"",!."-I . , IC-\~'\\.- \' C~~ \,.:::7 ~:...-::.:---- r -:::;:-------- , , \ !'(": IA~ \ 5 ~ ~ ; ..Jf"\I' '~ i \ i \, '\.,'/ " \ - '\\JGL----- L---- ,;"i";';-'.;'ftl!; I l!.- U ltfJ)J. 3) ..1',.. ,f" t ~ CITY OF PRIOR LAKE, MINNESOTA 55372 August 19, 1976 '! I . , CONDITIONAL USE PERMIT - Prior Lake Lucber SUBJECT: To consider a connitlonal use permit for a supply yard located north of intersection Highway 13 and Anna Trail S.E. STAFF ANALYSIS: I .'\"; The subject parcel is approximately 7.3 acres and fronts 270' on Anna Trail S.E. and 700' on Highway 13. The parcel is zoned B-2 Community Business with the land to the north having a C-1 zoning wit.h R-2 zoning adjacent to the west and the parcel south of intersection Highway 13 and Duluth Avenue being Limited Business. The applicant is proposing to utilize the land for general commercial and supply yard for building materials. According to Prior Lake's Zoning Ordinance, a supply yard in a B-2 zone would require a conditional use permit. The Comprehensive plan recommends a civic center for this sj.te which would help pull together the separate commercial areas within the City, or a variety of commercial at close proximity which would be tied into the older commercial district. The proposed use serves more as a burfer or divider between the old and new commercial districts. Supply yards must be closely monitored since there is a tendency of these kind of uses to deteriorate to a point no longer aesthetically pleasing, especially when the use is cenkally locateci in a c0llll\'W11ty. ~, .'}. ':l ~ """" Other consideration must be given to future busines6es north of the proposed use. With access to Highway 13 limited, a frontage road Il!Ust be considered and the proposed building so situated so as to allow room for a .frontage road. The applicant is proposing to construct an approximately 00' x 100' metal building with the front to be 01' wood siding and used for retail space. .,. .""It ~ (' STAFF REC<JoOO:NDATION: J Approve the conditional use permit on the following conditions: 1. All activity related to the supply yard be screened by an aesthetically pleasing fence no less than 6' in heighth. 2. The parking lot be approved by the City Planner. 3. The buildir.... location be approved by the City Planner. 4. The .fence and building must be kept in good repair and maintained. THt ":ENTER OF LAKE COUNTRY .(',:,<,,', ':.,.,'.; f\1JlI0~ Iq/ (Cf 71.0 C,(J7IrO 7.. Cz) ~ ~r.ctinn. It was the Ci~y attorney's opinion that the land must be suhdivided. ~r. Lannhorst stated that there is an easement Qoing across the corner of the property w~ich means that this po~tion of land cannot he huilt upon, hut may be utilized as a parkinq lot. The access roarl runninn parallel alonq Hinhway 13 up to the proposed lumher yard. Mayor Stock asked if Pleasant Avenue was included in the lenal description of the property to be rez.ned. The legal d~scription w~s read" all that property lyinn nottherJy to the prnnosed Plp.asant ~treet". 'lotion WllS made by Houts to recommend rp.1.onino from r.-l to B-2, that area north of proposed Pleasant ~treet. second~d Bv Klein and upon vote taken. motion was duly passed. ~lext item on the aoenda was a conditional use permit for Prior -~ La~e Lumber Yard. Graser gave a presentation and Mr. Friendshuh stated that they would donate the land for the proposed access road but lIould not build it. Motion was made b)' Houts to approve the conditional use permit with the following conditions. 1. ~ll activity related to the supply yard be screened by an aesthetically pleasing fence no less than 6' in he19hth. 2. The park1no'lot be approved by the City Pla~ner. 3. The building location be approved by the City Planner. 4. The fence and building mvst be kept in good reap1r and maintained. Seconded by Xlein and upon a vote taken. motion was duly passed. Hext item on the agenda was a variance request for Peter Camp~e". ~r. r.ampb~ll is proposing to c'ns~ruct a redwood deck below the minimuM setback requ1remp.nts at 5050 Condon's Street S.E. After some discussion, motion was mad~ by Klein to aprrove t~e ,ariance seconded by Houts and upon a vote taken motion WllS duly approved. ~pxt item on the agenda was Mr. Emmet Knoa with a discussion on '1itchell Pond. With t~e townhome mar~et decrease, Single family hnm~s have bp.en substituted in the Mitchell Pond Plan. 225 feet of l~keshore acro!>s the street to the north will bp. dedicated f.ll" the residents to USf' for swimminl} and boating. ~r. Knox and %r. Wi~~p.r ~rp rnquestJnoto have the Planning Commission qive t~eM pr~liminary approval on these plans. Concept approval was nivp.n for ~'itchell Pond Plan. Descriptive mapplM is required and the date for a public hellrino will bp set at tbe next meeting. 'lotion was made by Houts to make it mandatory that all material for variances, conditional use permits, subdivisions, etc. be in to thp. City offices by noon Frfday for the following Thursday's Plannino Cnmmission meetino. Seconded by Klein and upon a vote taken Motion duly passed. Therp was some discussion on Plannino Commission members not llttend1no the meetinqs. It was brought up that some kind of by-lllwS should be written up concerning this matter. ~ot1on WllS Made to adjourn by Klein, seconded by Houts and upon a votP. taken the meetinq adjourned at 10:30 P.M. ./ -3- , \ i -1, ' i ~ ~ l~ . ;1 1 '. .~. ~l I ;J. , I ',' '''''''''-- ,.;-:~....' J1Q. .* 0cG/~00Jlj) ~ 00 0,: C" ~ 0evv.. 30 t./.o,:, I APi'LICATION FOR CONDITIONAL USE PERMIT PRIOR LAKE PLANNING COMMISSION Name of Applicant or Agent Telephone Number I/J ., . .' . . I .,~. '. .. / ~I Address of Applicant ' / > /'1 1'1 ,... ~ '" &.. .- I, Name 'lIld Address of Owner, ;?"r7 /;.~~ ,..(;.n,.h'1- <<;:.5-;- .r,,<? /' /r'...,...,.""'~ s<'__ 5"". Street and Number of Affected Premises d~ / ~~ .". /l"Jt/Jt..d:-- 7 /?. r/ Legal Descrlption3 -,/ ':/ /yh/ ,Y./ 7' d .5E 7../,/ , "'5V'~ ~ 7W/ / /~ /C'2.:2 Present Zoning Classii'ication of the Property 8-- f}.... Detailed Description of th~ conditional use applied for ~~) /111/ ~~ ~~ /L .?tu.t:&-;; d.-l'uf/ // to/~ ~ ~ ~-7?U- /???d:&Ud~e4 /f.-t~ &J..u4 .?d./. /t.:i.~.. fl1.::td/ A ...:j..&.f/ /~jZ.I/ ,:/:/,~U7;;12~/-:- - /? -/.' --/ ." / ~ /. . 1.-t':nV7,u.vn.<4y /~< '?~~u'~-1' .). VA.~ ~t'i 4AA--.d.-~2.S .., /7--"2 L-_ - I ' ".r C/ Full Statement of Reasons why Variance is being applied for d..c.~..., e( ~. ....u:d-_.~,) , '" ... ~ll"'.'U~'f '/.1;. /~....LL /.' ~<./) /Jnc~ftJc;/ .././A'7(,t&.:/-' ;z',...t /">,,;-/ _I(.,...{.. 47.<-zA' 'j It ,'J:7t..i /A-rI ,;/. _ Sf) ;.~~ /Tn~-1 ,C:; /?7.(' /~-u4. I .4 //t'-Ub/ -<./ ~ t/ <./'7../ /. ,J /I /1'7 <.;;~ /J'1 I' /1t./1 ct1.,"-.J-- , r.-/ t!ote: Eight( 8) copies of a plat plan, shOwing the location of all existing and proposed structures must be filed with this application. The above information, to the best of my Imowledge and belief, is true and correct. Date /-:;19- 7? Signature~~u.-u /jlf!.uA'~&~ """' This is to certity that $ ~al!JP_ ",as ~received this !It:> day of ~ . ~as---__ 19 7~ for Conditional Use Fee. R~c~ived by THIS SPACE 'I'D BE FILLED IN BY PLANNING CCJoOO:SSION Application for Conditional Use Granted,X: See attached Sheet Denied Conditions ..J SignatUl"e or Planning COll1llis~ion Chairmrm /. /~I 'I fr. <"/~/A ~ . -~ r) ( lil/4d - ,I/~ '4 j ~ _ f '.v g/ J b f "~I ~ ~, 'lI .,If.-....... '1 -l r:rl,-q ;J.~~ ....jr:,,\t'~ C,'. F. C. .JACKSON LAND SURVEYOR UI. i(/f.i. -: .J\ I ) : -I h . r,U1trOz{ '5') ".OlaTIlRIlD UfltOC" LAW. 0,. .TAl'. Of" ......N.eo' A Lla....o IIY Ol<OINANCIt CW CITY CW MINNItAJOOLI. 31S lIS EAST 58TH STREtrr ~"";";,.r.-l ~.., --.-. ......'.81 6utbt!'Ot'U €trHficatt I / I '/V",y-'-A>' I i ~. .." '" /4- - - ,F. ;:,. " ., V ,,;: /-//.. /1 ,~"'::--' --'--- ~r;_.,.c~:'- I .' /~ ! ~; I ! , / / / / I I. r,. I)) \ -, I / , V , ;f~ " 0, , ," " ~\C' \ ~i\' /,,' " " ... I I: 'i i I I , I : I I I '1 :1 I ,; 'i ~ ~~I. I~, .' <J ,'1; \" ,~~ "'i\ I \" ,\{ (> , \ { .~. \ 'i a , i 1 -1 i( , " ,.- ,..; .. ,'-' / ,) .: I, 01 ,t.. j :.. ,." 'J / / ..1 / I .._.~.-... - 7"; ~~..;; /]',. ';.l " ,-- ~ /' - '-"'-1 I 'ij: r------- / / .,,/ \. I MIlRUY caRTI" THAT TNI A_I II A TItUI AND ClOItItICT ........T 011' t ~at par' the N. 0,.; . 1/4 of t h4! :;. E. 1.' 4 :'If SectioD 2.Tovnlhtp 114.RlngQ 22.d.scrtbed a. follows: 8C~1~n1ftg .t . point 31 the ~~Tth li.e ~r .aid H.w.1/4 of 5.E,1/4 dl.t.st 494.8 f.et Ea~t of th. ~orthveat ,orner thereof; thence South parallel with the .eat 11ne of aaid ".J.I/4 ~f S.E.1/4 diltant 75.1 f..c; th'Dee ~"t parallel witn laid Nortn il.. 110.;5 feet;tbeace S3utb parallal wAto aaid Weat Ii.. 74.9 f..t;tb..ee talt parallel wit. laid N~rth li.. 110.55 feet;the.ce S~~th parallel vita I.id Welt Ii.. 522.7 feet t. tDe c..t.rli.e of the Tova.hip KOld;the.ce Ealt Ilo'~ .aid c..taru... to it. hteu.cU.. with t~e H.)Tthwe.urly r1gbt of "'.Y the of State 'frulk Highway No. l~;tbe~ce North.a.t.tly al~~ .aid right of way liRe to ita i.terlectLoa with laid "o~th li.e,th'.ce Welt .t..g laid "orth li.. ta the poL~t of b'R1a~i'R. J t ~, f' 2-114-22 TN..__~8tb.~ __._.DAY OI'_la._':l~r.L.-"D'.J..9!~____;.... ./.) (; ;r-: ,.'/ , ~ .'a':.o~. 'J"~~N~,~~~"AT::~~':=:~ V , J , III Insignia Development LLC David L. Sebold Principal 80 West 78th Street. Suite 133 Chanhassen, MN 55317 www.jms-homes.com E-Mail: dsebold@jms-homes.com Office: (952) 949.3630 Fax: (952) 949-3730 Mobile: (612) 328-0948 Toll Free: (800) 793.2934 16200 Eagle Creek Ave. S.E. Prior Lake, Minnesota 55372-1714 ADDRESS CORRECTION REQUESTED r;;' '/ , ~, (i I \:\ !U \..I' I ..._~ '-,-'^"'---" ~~~W)~DIN~~I \: 'tPI RED ;-o--v... RETURN TO SENDER ~ lli J'~ ~-7---:-1 I FEB7al)J Priorda Le Mall Investors 4570 77th Street West Edina, MN 55435 i0 :~..;_:.:-~~~ . ,,;:i;< . rJ:~/1I$ , .. .JlNIl (~~' ;~' .:.~ ..' . , p. i? ,; ,~~.ourr"1W~lrl,fulhe' ':b" - J '..J ".'~.'. ri..'u,,, : I ',- ....~ . ~'; :.llAt STM,,\P '~J'-t~ "~~:'~~~-i'.:J\ L,.~ PRIOS70 SSQ3S2023 iN i8 02/0i RETURN Tel SENDER NO FORWARD ORDER ON FILE UNABLE TO FORWARD RETURN TO SENDER - SS~72.- i 7EE~+::':.C 1.1.'t. 1.1,"11. Ill. 1,,1.' ."m "III"l.ftll m It. II 111.1. 1,1 You are hereby notified that the Prior Lake Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the intersection of County Road 21 and Fish Point Road), on: Monday, February 10, 2003, at 6:30 p.m. or as soon thereafter as possible. REQUEST: The applicant is requesting to rezone 16450 Anna Trail SE from C-2 (Community Business) to C-4 (General Business). APPLICANT: Larch, LLC SUBJECT SITE: 16450 Anna Trail SE, Prior Lake, MN, legally described as: A tract of land in the NW 1,4 of SE 1,4 of Section 2, Township 114 North, Range 22 West, Scott County, Minnesota described as follows: Beginning at a point on the North line of said NW 1,4 of SE 1,4 distant 494.8 feet East of the northwest corner thereof; thence continuing East along said north line a distance of 205.2 feet; thence South and parallel to the West line of said NW 1,4 SE 1,4 a distance of 400.0 feet; thence West and parallel to said North line a distance of 50.0 feet; thence South and parallel to said West line a distance of 267.2 feet to the centerline of a township road; thence westerly along said road distance of 155.25 feet; thence North and parallel to said West line a distance of 522.7 feet; thence West and parallel to said North line a distance of 110.55 feet; thence North and parallel to said Westline a distance of 74.9 feet; thence East and parallel to said North line a distance of 110.55 feet; thence North and parallel to said West line a distance of 75.1 feet to the point of beginning, with right of access over the existing road to Old State Highway Number 13. AND A tract of land in the NW 1,4 of the SE 1,4 of Section 2, Township 114 North, Range 22 West, Scott County, Minnesota described as follows: Beginning at a point on the North line of said NW 1,4 of the SE 1,4 distant 700 feet East of the northwest corner thereof; thence South and parallel to the West line of said NW 1,4 of the SE 1,4 distance of 400 feet; thence West and parallel to said North line a distance of 50 feet; thence South and parallel to said West line a distance of 267.2 feet to the centerline of a township road; thence easterly along said road a distance of approximately 670 feet to the East line of said NW 1,4 of the SE 1,4; thence North on said East line to the northeast corner of said NW 1,4 of SE 1,4; thence West along said North line approximately 620 feet to the point of beginning, except that part taken for Highway 13, and also subject to easements of record, except that portion thereof lying southeasterly of the southeasterly right-of-way of State Trunk Highway 13. If you are interested in this issue, you should attend the hearing. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-9810 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. The Planning Commission will accept oral and/or written comments. Prepared this 30th day of January 2003. Cynthia Kirchoff, AICP, Planner City of Prior Lake To be mailed to property owners within 350 feet of the subject site on January 30, 2003. L: \02FILES\02rezone \Larch-CH Carpenter\Mailed N otice.doc 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EI~I!,\L OPPORTUNITY EMPLOYER Location Map for Larc 1, __C Rezoninq 'm IIUllliLllJ i I I II!! llllt7-:'f";'~~~:~'fiiLQ) i 1t!::1t?Jf~ ,,' I I_~=~~/ ' ',! l~iHllll'l LI >~1:. -~~,,:::l?!~ IITt ' II! I II i Ti-TIIJTli,1 i _: (_ _~~~ --L~-L__~____r__ ~f- ! .! ! I . 1 JJ! . I f -----;, __~ ~ -- ----ELEAsANLSI____-1____ I PLEASANTST r--------JI / ______ ~~;~~erl~~~r: U Illill~Jl/:c , / ~ · ! '1'-~ j I {~~~llJJ/ I ' iiE[IJ\::::='[I~ll,WI ~ I /\; / ,-"~. (~ -, ANN(TRl SI; \ANNA~\\TRLSI; ~ L' I ~ '", I #t'/ \ I I ~~ I' ''', / ~ : / .~//' /~J /\ / ~1. /1 \ 'i \~)}\\(O 1/ ': G~ I/;:."'f' _ '-. / 1/ t ____- - _JWI;RSTSI;- \. / .11 J: ~'r.. -- 1.--- ~ VINHT 1 I l : ! ~ i I I~ fOWEI"\;;;)l ;:'1:: I N A -' Abstracters Certificate LEGAL: See Exhibit "N' hereto attached Independent Abstracting Services, Inc. does hereby certify that it has made a search of the public records of Scott County, Minnesota and disclose the names and addresses of the apparent owners wi thin a radius of 350 feet of the above referenced property which consist of entries numbered 1 thru 25, inclusive, on Exhibit "A" attached hereto. Dated this 3rd day of January , 2003 Independent Abstracting Services, , ~<~<(rv'\~~ . ) 0 Inc. '\ CHICAGO TiTLE INSURANCE COMPANY Schedule A Legal Description Continued File Number: 2632384 Parcel I A tract of land in the Northwest Quarter of Southeast Quarter of Section 2, Township 114 North, Range 22 West, Scott County, Minnesota. described as follows: BeVTllling at a point on the North line of said Northwest Quarter of Southeast Quarter distant 494.6 feet East of the Northwest corner thereof; thence continuing East along said North line a distance of 205.2 feet; thence South and , parallel to the West line of said Northwest Quarter of Southeast Quarter a distance of 400.0 feet; thence West and parallel to said North line a distance of 50.0 feet; thence South and parallel to said West line a distance of 267.2 feet to the center line of a tuwnship road; thence Westerly along said road a distance of 155.25 feet; thence North and parallel to said West line a distance of 522.7 feet; thence West and parallel to said North line a distance of 110.55 feet; thence North and parallel to said West line a distance of 74.9 feet; thence East and parallel to said North line a distance of 110.55 feet; thence North and parallel to said West line a distance of 75.1 feet to the point of beginning. AND Parcel II A tract of land in the Northwest Quarter of the Southeast Quarter of the Section 2, Township 114 North, Range 22 West, Scott County, Minnesota, described as follows: Begirmil'lg at a point on the North line of said Northwest Quarter of the Southeast Quarter distant 700 feet East of the Northwest corner thereof; thence South and parallel to the West line of said Northwest Quarter of the Southeast Quarter a distance of 400 feet; thence West and parallel to said North line a distance of 50 feet; thence South and parallel to said West line a distance of 267.2 feet to the center line of a township TOad; thence Easterly along said road a distance of approximately 670 feet to the East line of said Northwest Quarter of the Southeast Quarter; thenceNorth on said East line to the Northeast comer of said Northwest Quarter of Southeast Quarter; thence West along said North line appl oximately 620 feet to the point of beginning, except that part taken for Highway 13, and except that portion thereof lying Southeasterly of the Southeasterly right-of-way of State Trunk. Highway No. 13. Abstract. CAC4 3/a6 EXHIBIT "A" ~:J!iJ!i OWl-lJ!iZ<S OF RECORD 1 . Pulte Homes of Minnesota 815 Northwest Parkway Eagan, MN 55121 2 . Mark Monroe 16499 Duluth Avenue SE Prior Lake, MN 55372 3. Sally Pumper 16541 Duluth Avenue SE Prior Lake, MN 55372 4. Loren Gross 8609 Lynda Le Ave S Bloomington, MN 55420 5. United States Postal Service P.o. 69069 St. Paul, MN 55169 6. John & Carol Schoeller 3570 Basswood Circle SE Prior Lake, MN 55372 7. Priorda Le Mall Investors 4570 77th Street West Edina, MN 55435 PID# 25-9020190 Taxpayer: Same Property Address: unassigned PID# 25-9020710 Taxpayer: Same Property Address: Same PID# 25-9020370 Taxpayer: Same Property Address: Same PID# 25-9020260 Taxpayer: Same Property Address: unassigned PID# 25-9020492 Taxpayer: Same Property Address: unassigned PIO# 25-9020493 Taxpayer: Same Property Address: 16511 Anna Trail SE Prior Lake, MN 55372 PID# 25-9020470 Taxpayer: Same Property Address: unassigned J!"J!i.l!i OWb.l!.i~S OF RECORD 8. Health System Minnesota 6500 Excelsior Blvd. St. Louis Park, MN 55416 9. David & Marykay Elishek 7540 Credit River Blvd. Prior Lake, MN 55372 10. Crown Coco Inc. 1717 Broadway Street NE Minneapolis, MN 55413 11. Ci ty of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 12. Charles & Jill Schwantes 16680 Franklin Trail SE Prior Lake, MN 55372 13. Wallace & Delores Langhorst 6433 Brook Lane Savage, MN 55378 14. Randall Prekker 16447 Duluth Avenue SE Prior Lake, MN 55372 15. Doris Malz 16459 Duluth Avenue SE Prior Lake, MN 55372 PID# 25-9020420 Taxpayer: Same Property Address: unassigned PID# 25-9020460 Taxpayer: Same Property Address: unassigned PID# 25-9020450 Taxpayer: Same Property Address: 16735 Franklin Trail SE Prior Lake, MN 55372 PID# 25-9020430 Taxpayer: Same Property Address: unassigned PID# 25-9020390 Taxpayer: Same Property Address: Same PID# 25-9020730 Taxpayer: Same Property Address: unassigned PID# 25-9020840 Taxpayer: Same Property Address: Same PID# 25-9020850 Taxpayer: Same Property Address: Same ~1!iJ!i OWNERS OF RECORD 16. Phyllis Rowe 16473 Duluth Avenue SE Prior Lake, MN 55372 .PID# 25-9020860 Taxpayer: Same Property Address: Same 17. Michael Babcock 16670 Franklin Trail SE Unit 100 Prior Lake, MN 55372 PID# 25-1970010 Taxpayer: Same Property Address: Same 18. David & Alexandra Michael 96 Birnamwood Drive Burnsville, MN 55337 PID# 25-1970020 Taxpayer: Same Property Address: 16670 Franklin Trail SE Unit 110 Prior Lake, MN 55372 19. Hoemoeller & Bates 16670 Franklin Trail SE Unit 200 Prior Lake, MN 55372 PID# 25-1970040 Taxpayer: Same Property Address: Same 20. Bryce D. Hoemoeller 2880 Center Road SW Unit 210 Prior Lake, MN 55372 PID# 25-1970050 Taxpayer: Same Property Address: 16670 Franklin Trail SE Prior Lake, MN 55372 21. BNK Masonry Inc. 16670 Franklin Trail SE Unit 220 Prior Lake, MN 55372 PID# 25-1870060 Taxpayer: Same Property Address: unassigned 22. HRS Properties 16670 Franklin Trail SE Unit 230 Prior Lake, MN 55372 PID# 25-1970070 Taxpayer: Same Property Address: unassigned 23. David G. Johnson 1035 Lilac Court Shakopee, MN 55379 PIO# 25-1970080 Taxpayer: Same Property Address: 16670 Franklin Trail SE Unit 240 Prior Lake, MN 55372 .J!1!i~ OW1-.l~.t<.S OF RECORD 24. Michael McDonald 16670 Franklin Trail SE Prior Lake, MN 55372 PID# 25-1970090 Taxpayer: Same Property Address: 16670 Franklin Trail SE Unit 250 Prior Lake, MN 55372 25. Duane & Diane Reimer 750 229 Street W Jordan, MN 55352 PID# 25-1970100 Taxpayer: Same Property Address: 16670 Franklin Trail SE Unit 260 Prior Lake, MN 55372 OJ. - ) C(- I Resolution and ~inutes f~ "rrwn ~ ~ c9(w {D3 Y .. -I-a---. ~~IL j/17(D-~ ~ ILL1~06/Gj. (j J tYW-11~ 03-6Y L:\TEMPLA TE\FILEINFO.DOC PLANNING COMMISSION MINUTES MONDAY, FEBRUARY 10, 2003 1. Call to Order: Chairman Stamson called the February 10,2003, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Atwood, Criego, Lemke, Ringstad and Stamson, Community Development Director Don Rye, Planner Cynthia Kirchoff and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Criego Lemke Ringstad Stamson Present Present Present Present Present 3. Approval of Minutes: The Minutes from the December 23, 2002, Planning Commission meeting were approved as presented. 4. Consent: 5. Public Hearings: Commissioner Stamson read the Public Hearing Statement and opened the meeting. A. Case #02-141 Larch, LLC is requesting a rezone of the property located at 16450 Anna Trail SE (formerly C.H. Carpenter property) from C-2 (Community Business) to C-4 (General Business). Planner Cynthia Kirchoffpresented the Planning Report dated February 10,2003, on file in the office ofthe City Planning Department. Larch, LLC is requesting to rezone approximately 7.4 acres from C-2 (Community Business) to C-4 (General Business) on property located at 16450 Anna Trail SE (formerly the C.H. Carpenter Lumber site) in the south ~ of Section 2. This property is currently zoned C-2. Permitted uses include retail, services, office, medical and dental offices, museums, banks, and police and fire stations. Lumber yards and building material sales is neither a permitted nor conditional use within the C-2 use district. L:\03 Files\03 Planning Cornm\03pcMinutes\MN021003.doc 1 Planning Commission Meeting February 10, 2003 The proposed zone change is consistent with the current land use designation. The Comprehensive Plan notes that the C-CC designation should be located at arterial and major collector intersections. The subject site is located at the intersection of Anna Trail and TH 13 ("A" minor arterial collector). The Planning Staff recommended approval of the requested zone change as it is consistent with the Comprehensive Plan Land Use Map designation and with relevant Minnesota statutes. Questions from the Commissioners: Atwood questioned the legal description. Kirchoff responded. Comments from the public: Applicant David Seebold, one of the principals of Larch LLC, stated staff did a very comprehensive report. The change in zoning will give their marketing team an easier way to present the property. They are currently looking for tenants and long term will redevelop the property. There were no other comments and the meeting was closed. Comments from the Commissioners: Criego: . No problems and recommended approval ofthe request. Lemke, Atwood, Ringstad, Stamson: . Agreed. MOTION BY CRIEGO, SECOND BY RINGSTAD, TO RECOMMEND APPROVAL OF THE ZONE CHANGE FROM C-2 (COMMUNITY BUSINESS) USE DISTRICT TO THE C-4 (GENERAL BUSINESS) USE DISTRICT ON PROPERTY LOCATED AT 16450 ANNA TRAIL. Vote taken indicated ayes by all. MOTION CARRIED. This will go before the City Council on March 3,2003. 6. Old Business: 7. New Business: L:\03 Files\03 Planning Comm\03pcMinutes\MN021003.doc 2 City Council Meeting Minutes DRAFT March 17, 2003 MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE RESOLUTION 03-39 AMENDING THE COMPREHENSIVE PLAN FOR APPROXIMATELY 20 ACRES OF THE DEERFIELD INDUSTRIAL AREA LOCATED IN SECTION 12, TOWNSHIP 114, RANGE 22 (Case File #03-11). VOTE: Ayes by Haugen, Blomberg, Petersen and LeMair, the motion carried. Consider Approval of an Ordinance Approving a Zone Change Request for the Property Located at 16450 Anna Trail (formerly the CH Carpentar Lumber Site). Kansler: Reviewed the agenda item in connection with the staff report. LeMalr: Believed the change would make the property more attractive to prospective businesses. Asked if the change is limiting in any manner. Kansler: Explained that the action actually opens up the applicable uses. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE ORDINANCE 03.04 APPROVING A ZONE CHANGE REQUEST FOR THE PROPERTY LOCATED AT 16450 ANNA TRAIL. VOTE: Ayes by Haugen, Blomberg, Petersen and LeMair, the motion carried. Consider Approval of Joint Powers Agreement between Scott Joint Prosecution and the Scott County Attorney's Offlce. O'Rourke: Reviewed the agenda item in connection with the staff report. Bovles: ASked if the current joint powers for prosecution still exists. Clarified that the process for distributing the revenue stream continues unabated. Basically, this action will enhance the efficiencies of two attorneys representing the same constituents by having one or the other present in court. O'Rourke: Confirmed. Pace: Asked staff to follow up with the Scott County Attorney's office whether the parties should be contracting rather than entering into a joint powers. If no other cities object, she will not oppose further. Bovles: Also discussed that insurance coverage is provided through the League in this instance, where in most cases indemnity does not extend to joint powers groups. In this case, the League has advised that coverage is extended. Petersen: Asked if the other cities are typically in agreement. O'Rourke: Commented that if any of the other cities elected not to participate, the Scott Joint Powers entity could still exists as a separate entity. Noted that he had some concerns that the attorneys would direct their best energy to the high-profile County cases, and that smaller cities would suffer. However, Pat Ciliberto is the person who actually formulated the Scott Joint Powers Association and will continue to oversee that entity. MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 03.40 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A JOINT POWERS AGREEMENT AS A PARTY TO SCOTT JOINT PROSECUTION WITH THE SCOTT COUNTY A TIORNEY'S OFFICE. 11 ~~ \~ ~) ~NE~ CITY OF PRIOR LAKE ORDINANCE NO. 03-04 AN ORDINANCE AMENDING SECTION 1101.700 OF PRIOR LAKE CITY CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE The City Council of the City of Prior Lake does hereby ordain: 1. The Prior Lake Zoning Map, referred to in Prior Lake City Code Section 1101.700, is hereby amended to change the zoning classification of the following legally described property from C-2 (Community Business) to C-4 (General Business). LEGAL DESCRIPTION: A tract of land in the NW Y. of SE Y. of Section 2, Township 114 North, Rang.e 22 West, Scott County, Minnesota described as follows: Beginning at a point on the North line of said NW Y. of SE Y. distant 494.8 feet East of the northwest corner thereof; thence continuing East along said north line a distance of 205.2 feet; thence South and parallel to the West line of said NW Y. SE % a distance of 400.0 feet; thence West and parallel to said North line a distance of 50.0 feet; thence South and parallel to said West line a distance of 267.2 feet to the centerline of a township road; thence westerly along said road distance of 155.25 feet; thence North and parallel to said West line a distance of 522.7 feet; thence West and parallel to said North line a distance of 110.55 feet; thence North and parallel to said West line a distance of 74.9 feet; thence East and parallel to said North line a distance of 110.55 feet; thence North and parallel to said West line a distance of 75.1 feet to the point of beginning, with right of access over the existing road to Old State Highway Number 13. AND A tract of land in the NW Y. of the SE Y. of Section 2, Township 114 North, Range 22 West, Scott County, Minnesota described as follows: Beginning at a point on the North line of said NW % of the SE % distant 700 feet East of the northwest corner thereof; thence South and parallel to the West line of said NW Y. of the SE Y. distance of 400 feet; thence West and parallel to said North line a distance of 50 feet; thence South and parallel to said West line a distance of 267.2 feet to the centerline of a township road; thence easterly along said road a distance of approximately 670 feet to the East line of said NW % of the SE %; thence North on said East line to the northeast corner of said NW Y. of SE %; thence West along said North line approximately 620 feet to the point of beginning, except that part taken for Highway 13, and also subject to easements of record, except that portion thereof lying southeasterly of the southeasterly right-of-way of State Trunk Highway 13. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 17'h day of March, 2003. ATTES~JyI City Manager ~ aYt."- ... .-is/ ~ Mayor r:\ordinanc\2003\03-04.doc Pa.ge 1 16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / I-ax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER I I Haugen I Blomberg leMair Petersen Zieska YES X X X X Absent . Haugen Blomberg leMair Petersen Zieska Published in the Prior Lake American on the 12th day of April, 2003. Drafted By: Prior Lake Planning Department 16200 Eagle Creek Avenue Prior lake, MN 55372 r:\ordinanc\2003\03-04.doc .__._'''_''n''',,~+''''.'___",.__~~, '_' ,_."_,_., _, '. ~ _.c;..._ .,___........ NO Absent Page 2 CITY OF PRIOR LAKE ORDINANCE NO. 03~04 AN ORDINANCE AMENDING SECTION 1101.700 OF PRIOR LAKE CITY CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE The City Council of the City of Prior Lake does hereby ordain: The Prior Lake Zoning Map, referred to in Prior Lake City Code Section 1101. 700, is hereby amended to change the zoning c1assificationofthe following legally described property from C-2 (Community Business) to C-4 (General Business). LEGAL DESCRIPTION: A tract ofland in the Nw y.. of SE y.. of Section 2, Township 114 North, Range 22 West, Scott County, Minnesota described as follows: Beginning ata point on the North line of said NW y.. of SE y.. distant 494.8 feet East of the northwest comerthereof; thence continuing East along said north line a distance of 205.2 feet; thence South and parallel to the West line ofsaidNW y.. SE y..adistaD.ce of 400.0 feet; thence West and parallel to said North line a distance of 50.0 feet; thence South and parallel to said West line a distance of 267.2 feet to the centerline of a township road; thence westerly along said road distance of 155.25 feet; thence North and parallel to said West line a distance of 522.7 feet; thence Westandparalleltosaid North line a distance ofll 0.5 5 feet; thence North and parallel to said West line a distance of 74.9 feet; thence East and parallel to said North line a distance of 110.55 feet; thence North and parallel to said West line a distance of75.1 feetto the point of l?eginning. with right of access overthe existing road to Old State Highway Number 13. . . AND . A tract ofland in the NW y.. of the SE y.. of Section 2, Towrismpli4North, Range 22 West, Scott County;M~esota described as follows: Beginningata point on the North line ofsaidNW y.. of the SE y.. distant 700 feet East of the northwest comer thereof;. thence SoutD. and parallel to the West line of saidNW y.. of the SE y.. distance of 400 feet; thence West and parallel to saidNorth line a distance of 50 feet; thence Southandparallelto said West line a distance of267.2 feetto the centerline of a township road; thence easterly along said road a distance of at't',v,Jrnately 670 feet to the East line ofsaidNW y.. of the SE y..; thence North on said East line to the northeast comer of said NW y.. of SE y..; thence West along. said North line 'approximately 620: feet to the point of beginning, except that part taken for Highway 13, and. also subjectto easements of record, exceptthatportion thereoflying southeasterly of the southeasterly right- of-way of State Trunk Highway 13. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 17th day of March , 2003. ATTEST: City Manager Mayor YES NO Haugen X Haugen Blomberg X BloJIlberg LeMair X LeMair Petersen X Petersen Zieska Absent Zieska Absent (Published in the Prior Lake American on Saturday, April 12, 2003; No. 7098) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )55. County of Scott ) Stan Ro!fsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the pubhsh~r of the newspapers known as the Shako pee Valley News, Jordan Independent, Prior Lake Ameflcan and Savage Pacer, and has full knowledge of the facts herein stated as follows: (A) These newspapers have c?mplied with the requirements constituting qualification as a legal newspaper, as proVIded by Mmnesota Statute 33IA.02, 33IA.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. i 0 'I 8 was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both mcluslve, and IS hereby acknowledged as being the kinzan \ze of type used in the composition and publication of the Notice: i I abcdefghijk1mnopqrs w.,/yzj..1) /I. 1-- /) B)j '7 ^ ^ ~ I V LStan Rolfs~d, General Manager or his designated agent Subscribed and sworn before me on this }';<.J;h day of a)2-<-L1 ,2003 \>~, ~\:$.i;~.... .1''''''",.,~. . ''''.'"", U,UR ~",. I I, "IE ~ . ~ ~':.:il.;..~:,)::; '\' 1IJ07'4A. .. f-:l.Q"7",. ,....,... \', - '\-;.Ji' /""j"/!ir'f.'1 My Com -'BUC. ""N/I;' mISSIOr; E. lVl/tVNr::' _ . .*' XPIr~s .Jar; ':'0 fA J' ai,2DOS RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $21.00 per column inch Maximum rate allowed by law for the above matter................................. $21.00 per column inch Rate actually charged for the above matter.............................................. $10.63 per column inch Correspondence L\TEMPLA TE\FILEINFO.DOC FEB. 24.2003 3:18PM FRAU~NSHUH_COMPAN:ES NO. 2204 P. 1 [ill FRAUENSHUH COMPANIES Date: 2/24/2003 Total number of pages: 1 (indudil19 cover sheet) Frauenshutl Companies 7101 Wesl7e'h Stre-et, Suite 100 Bloomington, Minnesota 55439 Tlll: 952.829.3480 Fax: 952.829.3481 www.frauenshuh.com o Urgent ~ For Review o Please Comment o Please Reply TO: COMPANY: FAX: Kelly & Susan City of Prior Lake (952) 447-4245 FROM: RE: COPY: Jill Duemeland DIRECT LINE: (952) 829-3475 C.H. Carpenter Building I 3-17-03 City Council Meeting MESSAGE: Kelly & Susan: Per your request, we are faxing our request to put the C.H. Carpenter Building on the March 17th City Council Meeting Agenda rather than on the March 3rd meeting. Sorry for the inconvenience, we appreciate your cooperation. Please confirm this change by email or phone: jill.duemeland@fcmpls.com or 952-829-3475. Making Real Estate Work For You CONl'll)~N"((A1.1TY NOTICE: THE DOCUMENT(Sj ACCOMPANYING THIS F."X CONTAIN(S) CmlFIDI:NT'AL INfOR.MATION WHICH IS LEGALLY Pll.IVILIiOED "l"HE INFORMATION IS INTENDED ON!," r-on. THIi USE Of THE INTENDED RECIPiENT A1l0Vl:. lr- YOU All.E Nor THE INTENDED RECIPIENT. YOU ARE HEREBY NOnFIED THAT TIll; OISC1.OSI)RS, COPYNG, DISTRIBUTlO}l OR THE TAKING Of ^.NY AC1'ION IN RELIANCE O}l THE CONTENTS OF THE TELECOPIED INFOfU\I.A.TION. I:XC1~PT rrs D(RECT DELIVERY TO THE INTENDED RECIPIENT NJ\MJ::D AFlOVE. IS STRICTLY PROHIBITED IF YOU HAVE RECEIVED THIS FAX IN ERROR, PLeASI; N01'lFY US rMMEDIA TEL Y BY THE TELEPHONE NUI.111l!R LISlF.D ABOVE TO ARRANGE FOR THE RETURN 01' THE ORIGINAL DOCUMENT TO US. JMS JMS Group "Experience the Difference" fr, r~> ~..::c:, Lr' i' j, r,. 1, .~) , ~ \ !i \ L5 re:, i,: \ ! Ii' 1..----..- I )', : L~i .11II I 5 :mJ ''\ 1 , ! j! /J ;G/' 80 West 78th Street, Suite 133 Chanhassen, MN 55317 Office 952-949-3630 Fax 952-949-3730 1-800-793-2934 January 14, 2003 Cynthia Kirkhoff City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372-1714 RE: Rezoning Application, 16450 Anna Trail SE Case File No.: 02-141 Dear Cynthia, Pursuant to your correspondence dated December 27, 2002, enclosed please find the following information for the above referenced site for your use. · A complete legal description. · 2 sets of mailing labels and a certified list of property owners within 350' feet of the subject site prepared by an abstract company. · A brief narrative describing uses for the site. Please proceed to process our application and schedule us for the public hearing during the February 10, 2003 Planning Commission meeting. If you should have any further questions please feel free to contact us at your convenience. Sincerely, David 1. Sebold David L. Sebold Insignia Development LLC DL~ Enclosures ,fMS Equities, Inc. I,fMS Homes, Inc. I Prime Real Estate Services, Ltd. I JMS Development Corporation Insignia Development LLC I E-Mail: jmshomes@aol.com I Web Page: www.jms-homes.com December 27,2002 Jeffrey M Schoenwetter LARrn, LLC 80 78th Street West, Suite 133 Chanhassen, :MN 55317 RE: Rezoning Application, 16450 Anna Trail SE Case File No.: 02-141 Dear Mr. Schoenwetter: On December 26, 2002, the City of Prior Lake received the above referenced development application. Upon review, staff has noted that the following information is necessary to make your application complete: 1. A complete (non-abbreviated) legal description. 2. A radius map and a certified list of property owners within 350 feet of the subject site prepared by an abstract company along with 2 sets of mailing labels. 3. A brief narrative describing proposed uses for the site. Once we have received the above information, we will process your application and schedule this item for a public hearing at a future Planning Commission meeting. If the information is submitted by January 3, 2003, your application can be scheduled for a public hearing at the January 27,2003, Planning Commission meeting. Please feel free to contact me at (952) 447-9813, should you have any questions regarding the development review process. Sincerely, ~~r~~ CynthiaR. Kirch~ff,~ V Planner c: DRC Members - 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER December 27, 2002 Jeffrey M Schoenwetter LARa-I, LLC 80 78th Street West, Suite 133 Chanhassen, MN 55317 RE: Rezoning Application, 16450 Anna Trail SE Case File No.: 02-141 Dear Mr. Schoenwetter: On December 26, 2002, the City of Prior Lake received the above referenced development application. Upon review, staff has noted that the following information is necessary to make your application complete: 1. A complete (non-abbreviated) legal description. 2. A radius map and a certified list of property owners within 350 feet of the subject site prepared by an abstract company along with 2 sets of mailing labels. 3. A brief narrative describing proposed uses for the site. Once we have received the above information, we will process your application and schedule this item for a public hearing at a future Planning Commission meeting. If the information is submitted by January 3, 2003, your application can be scheduled for a public hearing at the January 27, 2003, Planning Commission meeting. Please feel free to contact me at (952) 447-9813, should you have any questions regarding the development review process. Sincerely, ." .. 'r:;r' ry) ,-~~J " Cynthia R. Kirchoff, Planner c: DRC Members .. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Janucuy 16, 2003 Jeffrey M. Schoenwetter Larch, UC 80 78th Street West, Suite 133 Chanhassen, :MN 55317 RE: Rezoning Application, 16450 Anna Trail SE Case File No.: 02-141 Dear Mr. Schoenwetter: On Janucuy 15, 2003, the City of Prior Lake detennmed that all of the necesscuy submittals for the above application have been received. This letter serves as your official notification that the application is now complete. The Development Review Committee (DRe) will now begin formal review of the request. At this time, the rezoning application is scheduled for the February 10, 2003, Planning Commission meeting. I will notifyyou of any changes to that meeting 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 March 16, 2003, to May 15, 2003. Please feel free to contact me at (952) 447-9813, should you have any questions regarding the development review process. Sincerely, ~~~\ Cynthia R. Kirchoff, AIU"' . ~ Planner c: DRC Members .. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST - ~ DISTRIBUTE TO: + Frank Boyles + Bud Osmundson + Sue Walsh + Sue McDermott + Ralph Teschner + Larry Poppler + Chris Esser I + Fire Chief + Bob Hutchins + Bill O'Rourke . Don Rye Jane Kansier PROJECT NAME: I APPLICANT: CONTACT PERSON: I PID#: LOCATION: I EXISTING ZONING: I COMPREHENSIVE PLAN: I I PROJECT REQUEST: DNR - Pat Lynch County Hwy. Dept. MNDOT SMDC Mediacom Cable LARCH/CH CARPENTER LUMBER PROPERTY REZONING (Case # 02-141) An application to rezone the CH Carpenter Lumber site from C-2 (Community Business) to C-4 (General Business). Larch, LLC Jeffrey Schoenwetter 949-3630 SITE INFORMATION 25-902-038-0 16450 Anna Trail SE C-2 (Community Business) C-CC (Retail Shopping (Community)) Review and comment on application. APPLICATION FOR: Minnegasco Watershed Dist. Telephone Co. Electric Co. I_Met. Council Administrative Land Division Comprehensive Plan Amend. Conditional Use Permit Home Occupation . Rezoning Site Plan Preliminary Plat PUD Final Plat Variance Vacation Date Received . 12/26/02 . Date Distributed . 1/21/03 . Date Due . 1/29/03 Complete Application 1/15/03 Date Distributed to 1/21/03 DRC Meeting 1/23/03 Date DRC Publication Date 1/25/03 Tentative PC Date 2/10/03 Tentative CC 3/3/03 Date . 60 Day ~eview Date 3/16/03 Review Extension 5/15/03 I :\02files\02rezone\larch-ch carpenter\referral.doc I I -I Page 1 I have reviewed the attached proposed request ILarch/CH CarDenter Lumber Prooertv Rezoning} for the following: Water Sewer Zoning Parks Assessment Policy Septic System Erosion Control Recommendation: Comments: Signed: City Code Storm Water Flood Plain Natural Features Electric Grading Signs County Road Access Legal Issues Roads/Access Gas Other Building Code Approval Denial Conditional Approval Date: Please return any comments by Wednesday. Januarv 29. 2003, to Cynthia Kirchoff, DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9812 Fax: (952) 447-4245 I :\02files\02rezone\larch-ch carpenter\referral.doc Page 2 CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST PROJECT NAME: APPLICANT: CONTACT PERSON: PID#: LOCATION: EXISTING ZONING: I COMPREHENSIVE PLAN: PROJECT REQUEST: LARCH/CH CARPENTER LUMBER PROPERTY REZONING (Case # 02-141) An application to rezone the CH Carpenter Lumber site from C-2 (Community Business) to C-4 (General Business). Larch, LLC Jeffrey Schoenwetter 949-3630 SITE INFORMATION 25-902-038-0 16450 Anna Trail SE C-2 (Community Business) C-CC (Retail Shopping (Community)) Review and comment on application. DISTRIBUTE TO: Inl APPLICATION FOR: . Frank Boyles . Bud Osmundson I Administrative Land Division . Sue Walsh . Sue McDermott Comprehensive Plan Amend. . Ralph Teschner . Larry Poppler Conditional Use Permit I: Chris Esser . Fire Chief Home Occupation Bob Hutchins . Bill O'Rourke . Rezoning Don Rye Site Plan Jane Kansier Preliminary Plat PUD DNR - Pat Lynch Minnegasco Final Plat County Hwy. Dept. Watershed Dist. Variance MNDOT Telephone Co. Vacation SMDC Electric Co. Mediacom Cable Met. Council II I 15ate Received 12/26/02 Date Distributed - 1/29/03-1 1/21/03 Date Due I Complete Application 1/15/03 Date Distributed to 1/21/03 DRC Meeting 1/23/03 I Date DRC Publication Date 1/25/03 Tentative PC Date 2/10/03 Tentative CC 3/3/03 Date I 60 Day Review Date 3/16/03 Review Extension 5/15/03 -- I :\02files\02rezone\larch-ch carpenter\referral.doc Page 1 I have reviewed the attached proposed request (Larch/CH Carpenter Lumber Property Rezoning} for the following: Water Sewer Zoning Parks Assessment Policy Septic System Erosion Control Recommendation: Comments: Signed: , City Code Storm Water Flood Plain Natural Features Electric Grading Signs County Road Access Legal Issues Roadsl Access Gas Other Building Code Approval Denial Conditional Approval Date: Please return any comments by Wednesday. Januarv 29. 2003, to Cynthia Kirchoff, ORC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9812 Fax: (952) 447-4245 I :\02fi les\02rezone\larch-ch carpenter\referral.doc Page 2 Cynthia Kirchoff From: Sent: To: Subject: Cynthia Kirchoff Friday, January 17,20033:48 PM Prior Lake American (E-mail) CH Carpenter Property Hi Deb- Please publish the attached public hearing notice in the January 25th edition of the Prior Lake American. Thanks. Call with any questions. Cynthia Kirchoff, AICP Planner City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372-1714 (952) 447-9813 (952) 447-4245-fax Public Hearing Notice.doc 1 ~.~ ~NE~ January 31,2003 Jeffrey M. Schoenwetter Larch, LLC 80 78th Street West, Suite 133 Chanhassen, MN 55317 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the February 10, 2003, 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 CarCson 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 --,-~~:, '-l f " March 13, 2003 Larch, LLC Jeffrey Schoenwetter 80 West 78th Street, Suite 133 Chanhassen, MN 55317 Frauenshuh Companies Mr. Dean Williamson 7101 West 78th Street, Suite 100 Bloomington, MN 55439 RE: Agenda and Agenda Report Attached is a City Council Agenda and Staff Report for the March 17, 2003, City Council meeting. The meeting will begin at 7:00 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, Connie CarCson Connie Carlson Planning Secretary 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 Page 1 of I Jane Kansier From: Kelly Meyer Sent: Monday, April 07, 200312:26 PM To: 'Iegal@swpub.com' Cc: Jane Kansier; Cynthia Kirchoff Subject: Prior Lake Ordinance Publication Please publish the attached in the April 12th edition of the Prior Lake American. Let me know if you have any questions. 'l(1lly ~~er. Admin istration City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Direct Dial: (952) 447-9803 62r\4\ 4/7/2003 AGENDA ITEM: SUBJECT: CASE NO. PRESENTER: REVIEWED BY: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 5A CONSIDER A REQUEST TO REZONE 7.4 ACRES FROM C-2 (COMMUNITY BUSINESS) TO C-4 (GENERAL BUSINESS) ON PROPERTY LOCATED AT 16450 ANNA TRAIL SE 02-141 CYNTHIA KIRCHOFF, AICP, PLANNER DONALD RYE, COMMUNITY DEVELOPMENT DIRECTOR X YES NO-N/A FEBRUARY 10, 2003 Larch, LLC is requesting to rezone approximately 7.4 acres from C-2 (Community Business) to C-4 (General Business) on property located at 16450 Anna Trail SE (formerly the C.H. Carpenter Lumber site) in the south 'Y:z of Section 2. BACKGROUND: The 2020 Comprehensive Plan designates the property as C-CC (Retail Shopping - Community). "This classification is characterized by retail shopping convenience with facilities which are designed and located according to size and character and which should not be mixed with service uses with a high intensity of vehicular activity." The facilities are "centers of larger scale, serving a broader area which may be proximate to residential development, but which, by design and appropriate limitations on the type and intensity of uses, feature effective transition to residential areas, vehicular areas, and aesthetic harmony." The corresponding zoning for this designation is C-4 (General Business). This property is currently zoned C-2 (Community Business). Permitted uses include retail, services, office, medical and dental offices, museums, banks, and police and fire stations. Lumber yards and building material sales is neither a permitted nor conditional use within the C-2 use district. 1:\02files\02rezone\larch-ch carpenter\pc report.doc Page 1 16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQt JAL OPPORTUNITY EMPLOYER The C-4 use district "is intended to provide an area for commercial uses which due to their size and characteristics are not appropriate to other business districts. These types of uses are generally larger and more intense, and are characterized by a greater need for parking, generation of larger volumes of traffic, greater signage and lighting." Permitted uses include offices, funeral homes, libraries, museums, parks and open space, police and fire stations, banks, business and trade schools, offices, retail shops, service facilities, studios, showrooms, and parking businesses. A few of the uses permitted with conditions include hotel/motel, in-vehicle sales or service, outdoor sales (display), private entertainment (indoor), and shopping centers less than 275,000 square feet in gross floor area. Conditional uses are motor fuel station, motor vehicle sales, motor vehicle service and repair, and shopping centers more than 275,000 square feet in gross floor area. The property is unplatted and has a Metes and Bounds legal description. In 1976, a Conditional Use Permit (CUP) was issued for a supply yard on the property. In that same year, the larger of the two existing structures was constructed. PHYSICAL SITE CHARACTERISTICS: Total Site Area: The total site is approximately 7.4 acres. Existina Use: Two structures are currently present on the site. Since 1976, the property had been utilized for lumber yard and building material sales. However, the site is currently vacant. Toooaraohv: The site has a varied topography. The site slopes from south to north. The highest point on this site (elevation approximately 960' MSL) is located at the south portion of the site adjacent to Anna Trail, and low point (elevation approximately 925' MSL) at the northwest corner of the property. Veaetation: Mature vegetation is present along the northwest portion of the site. Wetlands: According to information on file at the City, wetlands are not present on the site. Access: Primary access to this property is currently from Anna Trail. The intersection of Anna Trail and TH 13 currently is not a full access (right-in, right- out only). Utilities: Sewer and water services are currently available to the site. 1:\02files\02rezone\larch-ch carpenter\pc report.doc Page 2 Adiacent Existina Uses. land Use. and Zonina: I I West I East I North South Existing Use Valley Signs TH 13 Vacant Anna Trail; Creative Graphics; ISD #719 Land Use Designation Zoning C-C/C R-2 R-L/MD R-2 C-C/C C-1 ANALYSIS: The applicant is requesting to rezone the property to C-4 because it "offers a broader range of possibilities for the property." As noted above, the C-4 district provides areas for operations that are characterized by a greater need for parking and generate more traffic than uses in other business use districts. The proposed zone change is consistent with the current land use designation. The Comprehensive Plan notes that the C-CC designation should be located at arterial and major collector intersections. The subject site is located at the intersection of Anna Trail and TH 13 ("A" minor arterial collector). The property to the west is zoned R-2 and designated C-CC. The use (Valley Sign) is considered legal, nonconforming because it is an industrial use in a residential use district. In the future, this property should be rezoned to C-4 to be consistent with the Comprehensive Plan. The properties located between Anna Trail and TH 13 are zoned C-1 and are designated C-CC, which is inconsistent with the Comprehensive Plan. As part of a comprehensive rezoning, properties that are inconsistent with the Comprehensive Plan will be rezoned. Section 1108.600 of the Zoning Ordinance identifies the following policies for amendments to the Official Zoning Map: . The area, as presently zoned, is inconsistent with the policies and goals of the Comprehensive Plan, or the land was originally zoned erroneously due to a technical or administrative error, or . The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to rezone so as to encourage redevelopment of the area, or . The permitted uses allowed within the proposed Use District will be appropriate on the subject property and compatible with adjacent properties and the neighborhood. . 1:\02files\02rezone\larch-ch carpenter\pc report. doc Page 3 Finding: The current zoning of the property is inconsistent with the 2020 Comprehensive Plan. The proposed C-4 zoning is consistent with the Retail Shopping - Community land use designation. Minnesota Statutes Section 473.865, Subd. 2, also provides in pertinent part 'Ta] local governmental unit shall not adopt any official control or fiscal device which is in conflict with its comprehensive plan or which permits activity in conflict with metropolitan system plans." Minnesota Statutes Section 473.865, Subd. 3, provides in pertinent part 'TiJf an official control conflicts with a comprehensive plan as the result of an amendment to the plan, the official control shall be amended by the unit within nine months following the amendment to the plan so as not to conflict with the amended comprehensive plan." The rezoning of this property to the C-4 district is consistent with this statute. When the subject site is redeveloped, the developer will be required to submit plans detailing the elevations of the building(s), uses, tree preservation, landscaping, parking, vehicular circulation, lighting, and signage to the City as part of the applicable (i.e., conditional use permit, site plan, etc.) review process. ALTERNATIVES: 1. Recommend approval of the Zone Change as requested. 2. Recommend denial of the request. 3. Other specific action as directed by the Planning Commission. RECOMMENDATION: The Planning staff recommends Alternative #1. The proposed C-4 use district is consistent with the Comprehensive Plan Land Use Map designation, and with relevant Minnesota statutes. ACTION REQUIRED: The following motion is appropriate for this action: 1. A motion and second to recommend approval of the Zone Change from the C-2 (Community Business) use district to the C-4 (General Business) use district on property located at 16450 Anna Trail SE. ATTACHMENTS: 1. Location Map 2. Comprehensive Plan Land Use Map 3. Zoning Map 1:\02files\02rezone\larch-ch carpenter\pc report.doc Page 4 Location Ma) for Larch, LLC ~ezoninq I I II I III Subject Site (formerly CH Carpenter Lumber) " w ~ ::Ol'~. '...J. I IS: ! I I . I :r I I I I II ! Il'i II i:ll II:! ! III !I i I L-JL_L PI ~A~.6.I\ITC!T COLORADo 5T ~ II I ! i :1 II: i , II! , +-~7 ~ !---eAkS>;:;~ ' -----J E/I-------- __~ / ::-----.::/~r---------.)~ s/~ r ---...; w~' r----; I '~/I.' , , _.I .: ,I r----r-i _'--..1 ,,' , I '--r- ---~~~ ~. ~ .~ ;E " ------ -\,---Yl-----~l'i9f \ ~,\', --', " ,I"'k I t:2' ""-- "\ L.;C:1 e ., ~~! I, ...." _____- ! ,------ (:.vi ,l," ,=-..,., , \ '\ '~I ., ", \ ' ','~ ~\ '\ ", \ ./' \ ffi ill ~\ L-,\c/ ~/ ~ ~ ~\J..1R<-SI< ---' \ rAANKt'~~~~---'------.,--- \: 'I r-! \11; "-- '~i \ i "I' ~ " i ~'r---' i~ ~ \---+- I / , ':;' 'I \ \\.// ,r-- ~\ \~~ :-Jr' ~ OYBLlNR"O S" ~'I'~" / /, ~ / ~ . r' ~' ,/\/ \... i f--.. . /\ /f<- /'-~'< I . ( >o"",~/,\ \ \ Iii ,I-........ ~ ../'v" -\ \ 'v''- ~ / \ /) (/'\, \, -~\;./ \ '~ ,-'- /' /0.' ',)' \ \ 9l i ~,,~ (' ~ \ _ .Y\ \ //" ~ 0-. ~ 11$"'''' /' ".'<i. V, '.' .)~PNO'"L -'V% ! ",0. ~\ ~ \ 'v/ " '"' :? - /"'. , ,~ ,19 "'4> 7~ I /" ~ \/ \ <<01 3')t<<0' ~ I~'-" /' --~- j';-~ 'y --.-, ~ '-----,:------- /~ ---("~l t'~,J-... .1 ~ ,'~,' /" .....::;/ B " ........, --'.' ~-......... --1D \ ....,/ ;""" " \' ; '" f........)_____ "='~7-----/L..~\R 1ACQMACIR ,. , "c"O~" j.. /"\, I, /_, /,,/ \ /'- \,~ r- "~ ':\ /8"r-/",' / \ , '\,~ \ )(<, .~ < '" m \ .. \ ,>--- \/~ s' ,/ -HlLLC~'C.~~< L- RIORWOOO 5T lJDJITJp r Ii; I ....:/, .\\ , ~'\\; \ .. '~,\ / ~ ,/' /~ 'y ~,~ ./\~ Jrp' d I j...C;>'/ ,,\G~// \~I \ nOli a e /\ \:1\ '\ .,,~,.I, '\~I'I, Mall ~r ,m! \ \ \ ',I, I, '\ /.\ \ ~/''-; II \ \ / \~\,--/ I \ \ ./..-', ~\ / / I ~~ II ' ~~ l'w'1 i ~~I /' I ls! . ________ ! / ~/ ~ ~\NE.~'-' i 7.__________ , / FRANKlIN TRL se ~! ~ I ~... 1 ~r/ I I , / I . ! ! -~/.., ~~-- /-:/ : i-------- : g >/: ' o ;; o ~ '" m 1)9WER~! SE 'TO\-yr::;:"'''l ;:,t: VINE 51 \ o ". N A --'i"" I CITY COUNCIL AGENDA REPORT AGENDA ITEM: MARCH 17, 2002 10C CYNTHIA KIRCHOFF, AICP, PLANNER JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF AN ORDINANCE APPROVING A ZONE CHANGE REQUEST FOR THE PROPERTY LOCATED AT 16450 ANNA TRAIL (FORMERLY CH CARPENTER LUMBER SITE) (Case File #02-141) MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: DISCUSSION: Historv: Larch, LLC is requesting to rezone approximately 7.4 acres from C- 2 (Community Business) to C-4 (General Business) on property located at 16450 Anna Trail SE (formerly the C.H. Carpenter Lumber site), which is in the south 112 of Section 2. The Planning Commission held a public hearing on February 10, 2003, and unanimously voted to recommend approval of the rezoning on the basis that the proposed C-4 zoning classification is consistent with the Comprehensive Plan designation. A copy of the meeting minutes is attached to this report. Backaround: This property is currently zoned C-2 (Community Business), Permitted uses include retail, services, office, medical and dental offices, museums, banks, and police and fire stations. Lumberyards and building material sales are neither a permitted nor conditional use within the C-2 use district. The 2020 Comprehensive Plan designates the property as C-CC (Commercial - Community Retail Shopping). "This classification is characterized by retail shopping convenience with facilities which are designed and located according to size and character and which should not be mixed with service uses with a high intensity of vehicular activity." The facilities are "centers of larger scale, serving a broader area which may be proximate to residential development, but which, by design and appropriate limitations on the type and intensity of uses, feature effective transition to residential areas, vehicular areas, and aesthetic harmony." The corresponding zoning for this designation is C-4 (General Business). The C-4 use district "is intended to provide an area for commercial uses which due to their size and characteristics are not appropriate to other business 1:\02files\02rezone\larch-ch carpenter\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 districts. These types of uses are generally larger and more intense, and are characterized by a greater need for parking, generation of larger volumes of traffic, greater signage and lighting." Permitted uses include offices, funeral homes, libraries, museums, parks and open space, police and fire stations, banks, business and trade schools, offices, retail shops, service facilities, studios, showrooms, and parking businesses. A few of the uses permitted with conditions include hotel/motel, in-vehicle sales or service, outdoor sales (display), private entertainment (indoor), and shopping centers less than 275,000 square feet in gross floor area. Conditional uses are motor fuel station, motor vehicle sales, motor vehicle service and repair, and shopping centers more than 275,000 square feet in gross floor area. The property is unplatted and has a Metes and Bounds legal description. In 1976, a Conditional Use Permit (CUP) was issued for a supply yard on the property. In that same year, the larger of the two existing structures was constructed. Current Circumstances: The total site is approximately 7.4 acres. Two structures are currently present on the site. Since 1976, the property had been utilized for lumber yard and building material sales. However, the site is currently vacant. Toooaraohv: The site has a varied topography. The site slopes from south to north. The highest point on this site (elevation approximately 960' MSL) is located at the south portion of the site adjacent to Anna Trail, and low point (elevation approximately 925' MSL) is at the northwest corner of the property. Veaetation: Mature vegetation is present along the northwest portion of the site. Wetlands: According to information on file at the City, wetlands are not present on the site. Access: Primary access to this property is currently from Anna Trail. The intersection of Anna Trail and TH 13 currently is not a full access (right-in, right-out only). Utilities: Sewer and water services are currently available to the site. 1:\02files\02rezone\larch-ch carpenter\cc report. doc Page 2 Adiacent Existina Uses. land Use. and Zonina: Existing Use Land Use Designation C-C/C Zoning Designation R-2 I West I East I North South Valley Siqns TH 13 Vacant Anna Trail; Creative Graphics; ISO #719 R-UMD R-2 C-C/C C-1 The Issues: The applicant is requesting to rezone the property to C-4 because it "offers a broader range of possibilities for the property" (see Attachment 5). As noted above, the C-4 district provides areas for operations that are characterized by a greater need for parking and generate more traffic than uses in other business use districts. For example, the Priordale Mall, Park Nicollet Clinic, Velishek Auto, E-Z Stop, and the business condominium sites on the west side of TH 13 are all zoned C-4. The proposed zone change is consistent with the current land use designation. The Comprehensive Plan notes that the C-CC designation should be located at arterial and major collector intersections. The subject site is located at the intersection of Anna Trail and TH 13 ("A" minor arterial collector). The property to the west is zoned R-2 (Low-Medium Density Residential) and designated CoCCo The use (Valley Sign) is considered legal, nonconforming because it is an industrial use in a residential use district. In the future, this property should be rezoned to C-4 to be consistent with the Comprehensive Plan. The properties located between Anna Trail and TH 13 are zoned C-1 (Neighborhood Commercial) and are designated C-CC, which is inconsistent with the Comprehensive Plan. As part of a comprehensive rezoning, properties that are inconsistent with the Comprehensive Plan will be rezoned. Section 1108.600 of the Zoning Ordinance identifies the following policies for amendments to the Official Zoning Map: . The area, as presently zoned, is inconsistent with the policies and goals of the Comprehensive Plan, or the land was originally zoned erroneously due to a technical or administrative error, or . The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to rezone so as to encourage redevelopment of the area, or . The permitted uses allowed within the proposed Use District will be appropriate on the subject property and compatible with adjacent properties and the neighborhood. 1:\02files\02rezone\larch-ch carpenter\cc report.doc Page 3 Finding: The current C-2 zoning of the property is inconsistent with the 2020 Comprehensive Plan. The proposed C-4 zoning is consistent with the Community Retail Shopping land use designation. Minnesota Statutes Section 473.865, Subd. 2, also provides in pertinent part "[aJ local governmental unit shall not adopt any official control or fiscal device which is in conflict with its comprehensive plan or which permits activity in conflict with metropolitan system plans." Minnesota Statutes Section 4 73.865, Subd. 3, provides in pertinent part "[iJf an official control conflicts with a comprehensive plan as the result of an amendment to the plan, the official control shall be amended by the unit within nine months following the amendment to the plan so as not to conflict with the amended comprehensive plan." The rezoning of this property to the C-4 district is consistent with this statute. Conclusion: The C-4 use district is consistent with the C-CC (Commercial - Community Retail Shopping) designation. Therefore, the Planning Commission and the staff recommend approval of this request. FISCAL IMPACT: Budaet Imoact: There is no direct budget impact involved in this request. ALTERNATIVES: The City Council has three alternatives: 1. Adopt an ordinance approving the rezoning from C-2 to C-4, 2. Continue the review for specific information or reasons per City Council discussion. 3. Find the zone change inconsistent with the purpose and intent of the Comprehensive Plan and the Zoning Ordinance and deny the request. In this case staff should be directed to prepare a resolution with findings of fact. RECOMMENDED MOTION: The staff recommends Alternative #1. The following motion is required: REVIEWED BY: 1" A m. ot.ion a, nd Sf,. ond to adopt an ordinance rezoning the property from C- /f (cor. r~y , usiness) to C-4 (General Business) use district. w*-- Frank BO~it~'Manager 1. Ordinance 03-XX 2. Location map 3. Comprehensive Land Use Plan map 4. Zoning map 5. Narrative from applicant 6. February 10, 2003, Planning Commission meeting minutes ATTACHMENTS: 1:I02fi1esI02rezone\larch-ch carpenter\cc report.doc Page 4 CITY OF PRIOR LAKE ORDINANCE NO. 03-XX AN ORDINANCE AMENDING SECTION 1101.700 OF PRIOR LAKE CITY CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE The City Council of the City of Prior Lake does hereby ordain: 1. The Prior Lake Zoning Map, referred to in Prior Lake City Code Section 1101.700, is hereby amended to change the zoning classification of the following legally described property from C-2 (Community Business) to C-4 (General Business). LEGAL DESCRIPTION: A tract of land in the NW y.. of SE y.. of Section 2, Township 114 North, Range 22 West, Scott County, Minnesota described as follows: Beginning at a point on the North line of said NW y.. of SE y.. distant 494.8 feet East of the northwest corner thereof; thence continuing East along said north line a distance of 205.2 feet; thence South and parallel to the West line of said NW y.. SE y.. a distance of 400.0 feet; thence West and parallel to said North line a distance of 50.0 feet; thence South and parallel to said West line a distance of 267.2 feet to the centerline of a township road; thence westerly along said road distance of 155.25 feet; thence North and parallel to said West line a distance of 522.7 feet; thence West and parallel to said North line a distance of 110.55 feet; thence North and parallel to said West line a distance of 74.9 feet; thence East and parallel to said North line a distance of 110.55 feet; thence North and parallel to said West line a distance of 75.1 feet to the point of beginning, with right of access over the existing road to Old State Highway Number 13. AND A tract of land in the NW y.. of the SE y.. of Section 2, Township 114 North, Range 22 West, Scott County, Minnesota described as follows: Beginning at a point on the North line of said NW Yo of the SE Yo distant 700 feet East of the northwest corner thereof; thence South and parallel to the West line of said NW Yo of the SE Yo distance of 400 feet; thence West and parallel to said North line a distance of 50 feet; thence South and parallel to said West line a distance of 267.2 feet to the centerline of a township road; thence easterly along said road a distance of approximately 670 feet to the East line of said NW Yo of the SE Yo; thence North on said East line to the northeast corner of said NW y.. of SE y..; thence West along said North line approximately 620 feet to the point of beginning, except that part taken for Highway 13, and also subject to easements of record, except that portion thereof lying southeasterly of the southeasterly right-of-way of State Trunk Highway 13. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 17th day of March, 2003. ATTEST: City Manager Mayor 1:\02files\02rezone\larch-ch carpenter\ordinance.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 I Haugen Blomberg LeMair I Petersen I Zieska YES Haugen Blomberg LeMair Petersen Zieska Published in the Prior Lake American on the _ day of _, 2003. Drafted By: Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 t:\02files\02rezone\larch-ch carpenter\ordinance.doc NO Page 2 _ocation V1a) for Larch, LLC Rezoninq :HJLJJ1UiU i I COLORADO ST . - -- ----1- -Il _J.:.=.:.. =-.~~ p, F}cliITsI~-.--. , ___ --I ---- i I I' 1 I .1 1!~?-:I::~~I~~'"-~JiiLf:-;J~ j~~lP'jI"~l--~;- I,. 111 T -'COL.O%ao. r:{~7}'r, ,',-, ,.,.<l,.,." /ifF::!, 1.1 '. I r : i I I liTTFL;- -rr-- ~cJ?J>ll. - ~-.~~: ~.~ ,..,. ~~l~ ! 7r LL -LLl UJ lL Wl. ~l. -~..'".', )! / . '.'_ ~",,' C-Z, 1 PLEA5ANTS1 . L.1. ~ , /". . . milt;!! / .... .,... ~/ /p I Subject Site (formerly CH Carpenter Lumber) 1-- ,w ~. . ----,,~ F: __, ._ (;!]~~ "vli_~ -_~)/l~~_I__ ~~ I L.l__~t[[J iIJJllfIT7, 1 - rJ[JJft=~-'=--l;LI~ =:- f I ~=~' 0~J !: I . _ -. .- _'. -=~.1~..Ll '" I I I I ~ --I -- l - -- I I ::>, I I 1- Ig I ) I l J_._L. - - - I' .~--- -ANt;JA TRL s_~_ ~' .-U ~ ;E ....., VINE 81 ~_(;!;) \'\' .,,\\...,\,..,'.',.~~kOef,' C.',, \ 1,\ LJP 1 \.-- ----\=--::G,"}\ ~ \. _~:-:~.:.::_-_..\..- - - ,- - I, \ \ c/,'/" \ \ \ \ \. _.~~ \. I. \ \ \//:: " \ 1.1\ \ \ I \ / ./ \. __ ._.1. __.I=.~.F~;.KlIN;~~~e::.-:-//\-./ ---I -rAANKtl~~~E_-~-__~_l I --r FRANKLIN TRL SE _ ____nO .---T----r- T I I, I 1 - - -- --'1 - 1 '\1' I ,'I' ' I I L- _I I, j ~. \ \~ . 1 c -.= 1 1- -\._. _---.J 1 \ \ \ I, / 'y / I -: ,- - - )t :- fr~f~~~/~ ../ ///.- i __ II . ~~r)<\) \ ~\ l-/-~ I~% l'~~\O\'\\~;:;;.DL "\GWl~~\~/\~,~priOrdale ~ , ._____/// I 1~0'A,~,........... 2;0". ~-\ /~\ \ \\\ \ Mall ~ ~ QTI ~ "I'" I /\\ \ \ l\//r: \ \: - --. l:J;:J ... .. ...!~ ~~ \ ~ \ ~ / \ .i.___ -- .,\~ ~....f({, 7'\-- -r - - - ~ I I \ // / "'~ \ I _. \ \ / ....rl/ I ----~~;~ \-' ~\""JE~3c~ \//~~ ;1; Il--/~ -. _=-~R5TSE~. / \ \\ V ) ~ y ~ .1 ~ /~3-~ I' -- \ i -~ \h~\ Tr-(\\>~/ I~ \.J _J ~ :___c -, ~ ~~/~~~ ( i v III HJLLC~\.. /..,------ \ />\ ~ ~ ,~ ~I' N A City of Prior Lake ~ ~ 1- .)i;. . .. ~ '!.! i~' ;';'.':!f:f"'::' ~;"-J\~ ':. <.~.J ~~~'}~" r~ ~ ~ l:.t .~i:;' ~~r: ~~f"~ ~~":*i~ ~r{l~~:"~~ l~iJ::~~.l~;; b:~ ~1~~:i:tit6. ~~:..f ~~~:.:;s,~:~f~::.t~~ - .- - - - -.------------""- ~ Zoning r\rap _ A ,Agricultural l,i>1 R-S Rural Subdi-.1sioo Residential o R-1 l.cN/ Density Residential .. R-2 l..cNf.Medium Residential _ R-3 Medium Density Residential _ R~ Hltl Density Residential 1~*jf",1 C-1 Nei~borhoocl CVIlIl.....cial _ C-2 CorrmJnity Business _ C-3 Speciaty Business _ C4 <?eneral Business _ C-5 aJsiness Park _ 1-1 General I rdustrial _ SMJC o R-O-W ~ lPKE N SO Boundary N PUD Boundary N W+E s January 13,2003 Cynthia R. Kirchoff Planner 16200 Eagle Creek Avenue SE Prior Lake, MN Re: Rezoning Application, 16450 Anna Trail SE Case File No.: 02-141 Dear Ms. Kirchoff: Please find below a brief narrative describing proposed uses for our site, 16450 Anna Trail SE to complete the rezoning application requirements: We would like to propose changing the current zoning from "C-2" (Community Business Use District) to "C-4" (General Business Use District), which offers a broader range of possibilities for the property. The property located at 16450 Anna Trail SE in Prior Lake was occupied the C.H. Carpenter Lumber Company for the past 20 years until they recently relocated in December of 2002. With the property line running approximately 800 feet along Highway 13 the site is attractive to many business owners. We have several prospects who are interested in the property and have proposed a variety of uses for the site. The proposed uses cover a wide spectrum, anywhere from retail to mixed-use development, senior housing to multi-family housing, and general office to marinas. We would like to see a use that is going to provide a positive contribution to the community of Prior Lake. It would be greatly appreciated to the extent that you could accommodate this request. If you have any questions, please feel free to call us at your convenience at (952) 829-3480. Sincerely, r-;:' _';--,'::' _.@..~.:-d.; , " ,.. -''''' :' \ " ,-' & C, \.\ _'-:'=-', . ;~;--- Frauenshuh Companies ~ ~' :, Jt.,N \ ~ 2CQ3 , I \ '.. ... \ ;'~/ I, --' " \ - Dean Williamson Senior Vice President Jill Duemeland Associate , J ~~--- L---- .. NARRATIVE FROM APPLICANT. PLANNING COMMISSION MINUTES MONDAY, FEBRUARY 10,2003 1. Call to Order: Chairman Stamson called the February 10,2003, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Atwood, Criego, Lemke, Ringstad and Stamson, Community Development Director Don Rye, Planner Cynthia Kirchoff and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Criego Lemke Ringstad Stamson Present Present Present Present Present 3. Approval of Minutes: The Minutes from the December 23,2002, Planning Commission meeting were approved as presented. 4. Consent: 5. Public Hearings: Commissioner Stamson read the Public Hearing Statement and opened the meeting. ..... A. Case #02-141 Larch, LLC is requesting a rezone of the property located at 16450 Anna Trail SE (formerly C.H. Carpenter property) from C-2 (Community Business) to C-4 (General Business). Planner Cynthia Kirchoff presented the Planning Report dated February 10,2003, on file in the office of the City Planning Department. Larch, LLC is requesting to rezone approximately 7.4 acres from C-2 (Community Business) to C-4 (General Business) on property located at 16450 Anna Trail SE (formerly the C.H. Carpenter Lumber site) in the south 'l1 of Section 2. This property is currently zoned C-2. Permitted uses include retail, services, office, medical and dental offices, museums, banks, and police and fire stations. Lumber yards and building material sales is neither a permitted nor conditional use within the C-2 use district. L:\03 Files\03 Planning Comm\03pcMinutes\MN021003.doc 1 Planning Commission Meeting February 10. 2003 The proposed zone change is consistent with the current land use designation. The Comprehensive Plan notes that the C-CC designation should be located at arterial and major collector intersections. The subject site is located at the intersection of Anna Trail and TH 13 ("A" minor arterial collector). The Planning Staff recommended approval of the requested zone change as it is consistent with the Comprehensive Plan Land Use Map designation and with relevant Minnesota statutes. Questions from the Commissioners: Atwood questioned the legal description. Kirchoff responded. Comments from the public: Applicant David Seebold, one ofthe principals of Larch LLC, stated staff did a very comprehensive report. The change in zoning will give their marketing team an easier way to present the property. They are currently looking for tenants and long term will redevelop the property. There were no other comments and the meeting was closed. Comments from the Commissioners: Criego: . No problems and recommended approval ofthe request. Lemke, Atwood, Ringstad, Stamson: . Agreed. MOTION BY CRIEGO, SECOND BY RINGSTAD, TO RECOMMEND APPROVAL OF THE ZONE CHANGE FROM C-2 (COMMUNITY BUSINESS) USE DISTRICT TO THE C-4 (GENERAL BUSINESS) USE DISTRICT ON PROPERTY LOCATED AT 16450 ANNA TRAIL. Vote taken indicated ayes by all. MOTION CARRIED. This will go before the City Council on March 3, 2003. 6. Old Business: 7. 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