HomeMy WebLinkAbout7B - Outdoor Storage (Busse)
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
INTRODUCTION:
CITY COUNCIL AGENDA REPORT
NOVEMBER 21, 2005
7B
DANETTE MOORE, PLANNING COORDINATOR
CONSIDER AN APPEAL OF THE PLANNING
COMMISSION'S DECISION TO APPROVE A CONDITONAL
USE PERMIT TO ALLOW OUTDOOR STORAGE IN THE 1-1
(GENERAL INDUSTRIAL) ZONING DISTRICT.
Historv: On August 22, 2005 a public hearing was held
before the Planning Commission to discuss an application
request by Busse Student Transportation for a conditional use
permit to allow outdoor storage on a site located south of
Adelmann Street and west of Revere Way, within the Deerfield
Industrial Park. After the public hearing was closed, the
Planning Commissioners discussed the concerns raised
during the public hearing and directed the applicant to review
the site plan and consider possible revisions to provide
additional visual and noise mitigation through the use of
berming or increased landscaping. The application was
continued to the September 12, 2005 Planning Commission
meeting. At the September 12'h meeting the site plan
revisions were considered and the Planning Commission
approved (2-1) Resolution 05-11 PC, granting the applicants
request.
After the September 12th meeting it was discovered that there
had been a discrepancy in the legal description in the public
hearing notice. However, it was determined that the intent of
notification had been met and proper notification given.
Nonetheless, in the interest of assuring that public input had
been given, the applicant and staff agreed that it was
appropriate to republish and rehear the public hearing before
the Planning Commission.
On October 24, 2005 the Planning Commission held a public
hearing and considered additional modifications made by the
applicant. After the public hearing was closed (participant
presentation/handout/petition attached) and a brief discussion,
the Planning Commission approved the CUP (3~1), with
conditions. This decision has been appealed and under the
City Code, the City Council is required to conduct a public
hearing on the appeal request.
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Phone 952.447.4230 / Fax 952.447.4245
1
Backaround: Section 1108.219 of the Zoning Ordinance
permits any owner of affected property within 350 feet of the
subject property to appeal the decision of the Planning
Commission to the City Council. Jerry Hanson, who lives
within 350 feet of the subject site, appealed the Planning
Commission's decision (attached).
DISCUSSION:
Current Circumstances: The property is zoned 1-1 (General
Industrial) and is guided I-PI (Planned Industrial) on the
Comprehensive Land Use Plan Map. The I-PI (Planned
Industrial) Comprehensive Plan designation of the site was
established on March 17, 2003. The adjacent residential area
within the Deerfield Development (Deerfiefd 11 th Addition)
received final plat approval on March 17, 2003.
The 1-1 Zoning District allows outdoor storage by conditional
use. The applicant is requesting approval of a CUP to allow
outdoor storage for buses and vans used for a transportation
service. The 5.4 acre site is proposed to contain the following
elements:
. A 7,200 square foot structure for office space,
restrooms, and service bays. The four bays will allow
for minor maintenance and washing of vans/busses.
. A parking area of 55 spaces for vans, 53 spaces for
buses, and 88 spaces for general employee parking.
. A six foot high solid PVC fence is proposed to fully
enclose the outdoor storage area.
Parkina: The Zoning Ordinance requires one parking space
be provided for each 20,000 square feet of land devoted to
outdoor storage. In addition, the applicant must provide one
parking space for every 275 square feet of office space and
four parking spaces for each service bay. The site has 79,600
sq ft that will be used for outdoor storage. The Code requires
34 parking spaces. The site plan shows 92 parking spaces in
addition to the outdoor storage area (bus/van parking area).
Storm Water: Storm water infiltration needs were addressed
as part of the approval for the Deerfield Industrial Park.
Sians: All proposed signage will need to meet the Code
requirements related to the 1-1 district. The applicant is
required to apply for sign permits for any proposed signage.
Landscapina: The Code requires industrial development
projects to provide perimeter and entrance landscaping as
detailed in Section 1107.1904 of the Code. The landscape
plan meets, and in some cases, exceeds the Code
requirements.
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Liahtina: Reflected glare or spill light shall not exceed a 1.0
foot-candle at the property line when the source of light abuts
any commercial or industrial parcel and a .5 foot-candle
abutting a residential use. All fixtures must be downcast. The
applicant has provided a photometric plan that details 17 light
fixtures that will be located throughout the parking area. The
photometric plan will need to be revised to meet the lighting
requirement at the north and east property line.
The proposed site plan will meet setback requirements
(attached). The outdoor storage will be required to adhere to
conditions detailed in the City Code, and added by the
Planning Commission.
Section 1102.1503(8) of the Zoning Code allows outdoor
storage as a conditional use in the 1-1 district. The use is
subject to the following conditions:
a) Storage shall be screened with fencing,
landscaping, berming or some combination thereof
from all property lines and abutting public rights-of-
way. A buffer yard shall be required when the
outdoor storage abuts any property in an "R" Use
District pursuant to subsection 1107.2003.
b) Storage shall not be permitted within any required
yards or buffer yards.
c) Storage areas shall be separated from the
vehicular parking and circulation areas. This
separation shall be clearly delineated by a
physical separation such as greenway, curb, fence
or line of planters.
d) Stored materials shall not interfere with either on-
site or off-site traffic visibility.
e) Inoperative vehicles or equipment or other items
typically stored in a junkyard or salvage yard shall
not be stored on land on which storage is
permitted with conditions under this Section.
f) All areas used for storage shall be paved.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site is approximately 5.4 acres.
Existina Use: The property is currently vacant.
Topoaraphy: The site is relatively flat. The site was graded
previously as part of the Deerfield Industrial Park
development.
Veaetation: The property was previously vacant pasture and
only a limited number of trees are located on the western outer
perimeter of the site.
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Wetlands: There is a wetland located on the west site of the
site, between this parcel and the Deerfield 11th addition
residential area. The proposed structure and outdoor storage
area will not disturb the existing wetland.
Access: Access to this property is from Granite Court, which
is a cul-de-sac that connects to Adelmann Street.
Adiacent Existina Uses. Land Use. and Zonina:
Existing Use Land Use Zoning
Designation
West is vacant
industrial land
with wetland, I-PI Planned
West beyond wetland Industrial 1-1
are town homes
(Deerfield 11 th
Addition)
East Vacant Land I-PI Planned 1-1
(Deerfield Industrial
Industrial Park)
North Vacant Land I-PI Planned 1-1
(Deerfield Industrial
Industrial Park)
South Single Family Single Family UER Urban
(Spring Lake Residential Expansion
Township) Reserve
ISSUES:
At the August 22nd and October 24th public hearings
(handouts/presentation material from participants and minutes
are attached), issues related to noise, odor, visual esthetics,
and traffic were discussed. Facts related to these issues are
outlined below:
Noise: At the October 24th public hearing, testimony was
given and a handout distributed that claimed to provide
estimated noise levels that will be created by the proposed bus
facility (attached). The handout cited that the data was taken
from the Minnesota Pollution Control Agency. Concerned with
how the document had many conflicting findings from those of
the planning staff, the handout was shared with the Minnesota
Pollution Control Agency (MPCA). The MPCA Noise Program
Coordinator reviewed the document and concluded the
document did contain excerpts that likely came from the
MPCA website, however, it is inaccurate in its findings.
Specifically, the document was erroneous in respect to
calculating decibel levels for a bus. In addition, the backup
alarm standards that were shown in the document are
nonexistent. Due to the duration and tone, backup alarms are
not regulated by the MPCA. The MPCA Noise Program
Coordinator also stated that due to the limited duration of time,
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distance from the residential receiver, berming, the limited
number of buses/vans, it was highly unlikely that the noise
standards for the residential receiver could be exceeded.
Visual Impacts: Public hearing contributors expressed
concern in relation to visual impacts created by a potential 53
buses. After two nei~hborhood meetings and the August 22nd
and September 121 Planning Commission meetings, the
applicant has revised the site plan on two occasions to further
mitigate visual impacts of the outdoor storage:
. The removal of bus parking on the most westerly
extension of the parking lot area closest to the
residential properties.
. The creation of two berming areas along portions of the
western and southwestern edge of the parking area.
The berms will be five feet (5') in height at their highest
points.
. A revised landscaping plan to provide sixteen (16)
Colorado Blue Spruce trees measuring 15 ft to 18 ft in
height (at time of planting). The proposed trees will be
staggered on top of the berming areas.
. A revised landscaping plan to provide six -15 ft to 18 ft
in height Colorado Blue Spruce trees along the top of
the proposed berm
Traffic: A traffic study was completed in October of 2003 as
part of the Deerfield Industrial Park EAW (Environmental
Assessment Worksheet). The traffic study anticipated the
following uses at build-out:
. 145,995 sq. ft. of office.
. 340,657 sq. ft. of warehouse.
. 268,983 sq. ft. of manufacturing/industrial
. 92,543 sq. ft. strip mall
. 123 townhouses
The traffic generated by the proposed use will fall within the
parameters of the anticipated traffic volumes for the overall
build-out of the Deerfield Industrial Park.
In addition, the EAW determined that the potential traffic
generated by the entire Deerfield Industrial Park development
would impact the turning movements at CSAH 21 and CSAH
87. In order to mitigate this impact, the developer was
required to escrow $125,000 for the construction of a left-turn
lane at CSAH 21 and CSAH 87. This lane will be constructed
as part of the County CSAH 21 project in 2007. The traffic
study also concluded a signal light at one of the three CSAH
21 intersections (Fish Point Road, Adelmann Street, or CSAH
87) will be necessary, even without the Deerfield Industrial
Park development. The City and Scott County are currently
evaluating where and when this signal should be installed.
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Odor: Concerns were expressed at the public hearing about
the health effects of diesel fumes on the adjacent residential
properties (located 500+feet from the bus/van parking area).
In response to this, Staff contacted the MPCA Air Monitoring
Program staff and discussed these concerns further. The
MPCA, which is the agency responsible for conducting
enforcement in cases of odor issues, offered the following
comments:
. The separation of the bus facility from the residential
area (500+ feet) serves as a large mitigation factor,
due to the dissipation of offending odor components
through air.
. It is not anticipated that the proposed quantity of
buses/vans would create an issue in respect to
concentrations of diesel particulates, benzenes and
carbon monoxide. CSAH 21 likely creates higher
concentrations of these components.
. The sporadic nature (idling, exiting, and entering of the
site) in which the fumes are being created would make
it highly unlikely that any state standards could be
exceeded (measured for a 24 hour period).
The MPCA staff also added that as of 2007, federal guidelines
will mandate low sulfur diesel fuel be used by the buses, which
will further reduce emissions.
CONDITIONAL USE PERMIT FINDINGS: Section 1108.200
of the City Code sets forth the general criteria utilized to review
a CUP application. The way in which this proposal meets
these criteria is shown in bold lettering.
(1) The use is consistent with and supportive of the goals and
policies of the Comprehensive Plan.
Two of the objectives of the Comprehensive Plan is to
"maintain high standards in the promotion and
development of commerce and industry. 11 A policy
supporting this objective is to "maintain proper
physical site screening and landscaping standards. 11
The outdoor storage is consistent with the goals,
objectives, and policies of the Comprehensive Plan
provided it compiles with the conditions of approval.
(2) The use will not be detrimental to the health, safety, morals
and general welfare of the community as a whole.
The uses will not be detrimental to the health, safety,
and general welfare of the community as a whole
provided all conditions of approval are met.
(3) The use is consistent with the intent and purpose of the
Zoning Ordinance and the Use District in which the
Conditional Use is located.
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The purpose of the 1-1 use district is "to provide areas
of the community that will allow general industrial
uses that, due to their size and nature, would not
conform to the 'e_5' Business Park Use District."
Outdoor storage is appropriate for this district
because of aesthetics.
One purpose of the Zoning Ordinance is to "protect
the residential, business, industrial and public areas of
the community and maintain their stability." The
proposed use is consistent with this goal, provided the
site complies with all conditions of approval.
(4) The use will not have undue adverse impacts on
governmental facilities, services, or improvements, which
are either existing or proposed.
So long as all conditions of approval are adhered to
the uses will not over burden municipal facilities.
(5) The use will not have undue adverse impacts on the use
and enjoyment of properties in close proximity to the
conditional use.
The Zoning Ordinance places conditions on outdoor
storage in the 1-1 use district to protect adjacent uses.
Provided all conditions are met, the use will not have
undue adverse impacts on the properties in close
proximity.
(6) The use is subject to the design and other requirements of
site and landscape plans prepared by or under the
direction of a professional landscape architect, or civil
engineer registered in the State of Minnesota, approved by
the Planning Commission and incorporated as part of the
conditions imposed on the use by the Planning
Commission.
A professional engineer prepared the site plan for the
application.
(7) The use is subject to drainage and utility plans prepared by
a professional civil engineer registered in the State of
Minnesota which illustrate locations of city water, city
sewer, fire hydrants, manholes, power, telephone and
cable lines, natural gas mains, and other service facilities.
The plans shall be included as part of the conditions set
forth in the CUP approved by the City Council.
A registered civil engineer prepared drainage and
utility plans for site.
(8) The use is subject to such other additional conditions
which the Planning Commission may find necessary to
protect the general welfare, public safety and
neighborhood character. Such additional conditions may
be imposed in those situations where the other
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dimensional standards, performance standards, conditions
or requirements in this Ordinance are insufficient to
achieve the objectives contained in subsection 1108.202.
In these circumstances, the Planning Commission may
impose restrictions and conditions on the CUP which are
more stringent than those set forth in the Ordinance and
which are consistent with the general conditions above.
The additional conditions shall be set forth in the CUP
approved by the Planning Commission.
With the proper conditions, this use is consistent with
the Comprehensive Plan and the Zoning Ordinance.
The Planning Commission attached conditions they
deemed appropriate to protect the general welfare,
public safety, and neighborhood character.
CONCLUSION:
The proposed outdoor storage is allowed in the 1-1 district with
approval of a conditional use permit. In order to meet the
above-listed criteria, staff recommended the following
conditions:
1) The applicant shall record the Conditional Use Permit at
Scott County no later than 60 days after Planning
Commission approval.
2) A plan must be provided that details the materials used for
the construction of the fence and gates to the enclosure
area.
3) A zoning permit shall be issued prior to the installation of
the fence.
4) All vehicles within the outdoor storage area must be
licensed and registered.
5) A sign permit application must be submitted to the City
prior to the installation of any signage on the site.
6) Revise the plans to address comments detailed in the City
Engineers August 17, 2005 memo.
7) Revise the lighting plan to show light spill not exceeding
1.0 at the property line.
8) All conditions listed in Section 1102.1503(8) of the Zoning
Ordinance shall be met.
9) The plans must be revised to show the access road as
Granite Court.
The Planning Commission approved Resolution 05-19PC.
This resolution includes the nine conditions recommended by
staff, and a 10th condition, as follows:
All buses with backup alarms shall only back into parking
spaces at night/return of buses.
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8
Location Map
Busse Student Transportation
N
+
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION OS-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL UPHOLDING THE PLANNING COMMISSION'S
DECISION TO GRANT A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE IN THE 1-1
(GENERAL INDUSTRIAL) ZONING DISTRICT
MOTION BY:
SECOND BY:
WHEREAS, Busse Student Transportation requested a conditional use permit to allow outdoor
storage on the property located on Granite Court, south of Adelmann Street and west
of Revere Way within the Deerfield Industrial Park, zoned 1-1 (Genera/Industrial), and
legally described as follows:
Lot 3, Block 3, Deerfield Industrial Park 2nd Addition, Scott County, Minnesota; and
WHEREAS The Planning Commission reviewed the application for a conditional use permit as
contained in Case File 05-184, and held a hearing thereon August 22, 2005 and
September 12, 2005; and
WHEREAS, The Planning Commission concluded the conditional use permit was consistent with
the criteria set forth in Section 1108.202 and Section 1102.1503(8) of the Zoning
Ordinance, subject to ten conditions; and
WHEREAS, The City Council reviewed the appeal of the Planning Commission's decision, and the
information contained in Case File 05-184 and Case File 05-199, and held a hearing
thereon on November 21, 2005.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
1) The above recitals are incorporated as if fully set forth herein.
2) The City Council finds that the requested conditional use permit is consistent with the criteria set
forth in Section 1108.202 and Section 1102.1503(8) of the Zoning Ordinance, SUbject to ten
conditions.
3) The City Council determined that the Planning Commission's decision to approve the conditional use
permit subject to ten conditions should be upheld.
4) The City Council makes the following findings:
a. Jerry Hanson, appealed the decision of the Planning Commission in accordance with Section
1108.210 of the City Code.
b. The City Council reviewed the appeal of the Planning Commission's decision, and the information
contained in Case File 05-184 and Case File 05-199, and held a hearing thereon on November
21,2005.
c. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan.
1:\05 files\05 appeals\busse student transp.-hanson\uphold resolution.doc
www.cityofpriorlake.com
Page I
Phone 952.447.4230 / Fax 952.447.4245
· Two of the objectives of the Comprehensive Plan is to "maintain high standards in the
promotion and development of commerce and industry." A policy supporting this objective is to
"maintain proper physical site screening and landscaping standards." The outdoor storage is
consistent with the goals, objectives, and policies of the Comprehensive Plan provided it
compiles with the conditions of approval.
d. The use will not be detrimental to the health, safety, morals and general welfare of the
community as a whole.
. The uses will not be detrimental to the health, safety, and general welfare of the community
as a whole provided all conditions of approval are met.
e. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in
which the Conditional Use is located.
. The purpose of the 1-1 use district is "to provide areas of the community that will allow
general industrial uses that, due to their size and nature, would not conform to the 'C-5'
Business Park Use District." Outdoor storage is appropriate for this district because of
aesthetics. One purpose of the Zoning Ordinance is to "protect the residential, business,
industrial and public areas of the community and maintain their stability." The proposed use
is consistent with this goal, provided the site complies with all conditions of approval.
f. The use will not have undue adverse impacts on governmental facilities, services, or
improvements, which are either existing or proposed.
. So long as all conditions of approval are adhered to, the use will not over burden municipal
facilities.
g. The use will not have undue adverse impacts on the use and enjoyment of properties in close
proximity to the conditional use.
. The Zoning Ordinance places conditions on the use that are intended to protect the use and
enjoyment of adjacent properties in the "R" use districts. The applicant has made
modifications to the site plan to assist in alleviating adverse impacts to adjacent sites.
h. The use is subject to the design and other requirements of site and landscape plans prepared by
or under the direction of a professional landscape architect, or civil engineer registered in the
State of Minnesota, approved by the City Council and incorporated as part of the conditions
imposed on the use by the City Council.
. A professional engineer prepared the site plan for the application.
i. The use is subject to drainage and utility plans prepared by a professional civil engineer
registered in the State of Minnesota which illustrate locations of city water, city sewer, fire
hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service
facilities. The plans shall be included as part of the conditions set forth in the CUP approved by
the City Council.
. A registered civil engineer prepared drainage and utility plans for the site.
j. The use is subject to such other additional conditions which the City Council may find necessary
to protect the general welfare, public safety and neighborhood character. Such additional
conditions may be imposed in those situations where the other dimensional standards,
performance standards, conditions or requirements in this Ordinance are insufficient to achieve
the objectives contained in subsection 1108.202. In these circumstances, the City Council may
impose restrictions and conditions on the CUP which are more stringent than those set forth in
the Ordinance and which are consistent with the general conditions above. The additional
conditions shall be set forth in the CUP approved by the City Council.
1:\05 files\05 appeals\busse student transp.-hanson\uphold resolution.doc
Page 2
. The City Council has attached the listed conditions they deem appropriate to protect the
general welfare, public safety, and neighborhood character.
5) The Conditional Use Permit is hereby approved on the property legally described as follows:
Lot 3, Block 3, Deerfield Industrial Park 2nd Addition
6) The Conditional Use Permit is hereby approved subject to the following conditions:
a. The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after
Planning Commission approval.
b. A plan must be provided that details the materials used for the construction of the fence and
gates to the enclosure area.
c. A zoning permit shall be issued prior to the installation of the fence.
d. All vehicles within the outdoor storage area must be licensed and registered.
e. A sign permit application must be submitted to the City prior to the installation of any signage on
the site.
f. Revise the plans to address comments detailed in the City Engineers August 17, 2005 memo.
g. Revise the lighting plan to show light spill not exceeding1.0 at the property line.
h. All conditions listed in Section 1102.1503(8) of the Zoning Ordinance shall be met.
i. The plans must be revised to show the access road as Granite Court.
j. All buses with backup alarms shall only back into parking spaces at night/return of buses.
7) The contents of Planning Case File 05-184 and Planning Case File 05-199 are hereby entered into
and made a part of the public record and the record of the decision for this case.
Passed and adopted this 2151 day of November, 2005.
YES
NO
Haugen Haugen
Fleming Fleming
LeMair LeMair
Petersen Petersen
Zieska Zieska
{Seal}
City Manager
1:\05 files\05 appeals\busse student transp.-hanson\uphold resolution. doc
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PLANNING COMMISSION
MINUTES
AUGUST 22, 2005
B. EP05-184 Busse Student Transport is requesting a Conditional Use Permit
to allow outdoor storage within the 1-1 zoning District legally described as Lot 2,
Block 2, Deerfield Industrial Park 2nd Addition.
Planning Coordinator Danette Moore presented the Planning Report dated August 22,
2005, on file in the office ofthe City Planning Department.
Busse Student Transportation has applied for a conditional use permit to allow outdoor
storage on a site located south of Adelmann Street and west of Revere Way, within the
Deerfield Industrial Park. Currently the site is vacant. The site plan shows a structure
and an outdoor storage area for the parking of buses. The 7,200 square foot structure is
proposed to contain office space, restrooms, and service bays. The four service bays will
allow for minor maintenance and washing of buses.
The property is zoned 1-1 (General Industrial). Outdoor Storage is permitted with a
Conditional Use Permit in the 1-1 district, subject to conditions.
Overall, staff believes the outdoor storage is consistent with the intent of the 1-1 use
district provided conditions of approval are met. Based upon the Findings set forth in this
report, staff recommends approval of the Conditional Use Permit. In order to meet the
above-listed criteria, the Planning staff recommended the following conditions:
1. The applicant shall record the Conditional Use Permit at Scott County no later than
60 days after City Council approval.
2. A plan must be provided that details the materials used for the construction of the
gates to the fenced enclosure areas.
3. A zoning permit shall be issued prior to the installation of the fence.
4. All vehicles within the outdoor storage area must be operable, licensed, and
registered.
5. A sign permit application must be submitted to the City prior to the installation of any
signage on the site.
6. Revise the lighting plan to show light spill not exceeding 1.0 at the property line.
7. Prior to site plan approval, the applicant shall submit revised plans reflecting plan
changes and conditions as indicated.
8. All conditions listed in Section 1102.1503(8) of the Zoning Ordinance shall be met.
9. All conditions listed in the August 17,2005 Engineering Department memo.
10. The plans must be revised to show the access road as Granite Court.
Stamson questioned the outside bus storage parking requirement for a Conditional Use
Permit last year. Kansier responded the applicant added more parking than the code
required as well as this applicant.
L:\05 FILES\05 CUP\Busse Student Transportation\Aug 22 PC Minutes.doc
1
Comments from the Public:
Applicant Jim Busse said the staff report was accurate.
Alex Wilson, 17444 Deerfield Drive, said he did not like the idea of 100 buses in his
back yard. At the neighborhood meeting, the number of buses was at 50, now it is 100.
He did not receive any notification. Wilson wanted to know how the City was going to
tame this down. He stated he did not want to see or hear buses starting up every morning,
and does not feel a 6 foot fence is adequate for screening. He does not like the idea and
this project should be reworked by the Commissioners. Wilson said he thought there was
going to be a wetland in his back yard, not a bus parking lot.
Commissioner Perez asked Mr. Wilson what he would like to see reworked. Wilson
responded he did not want to see 100 buses running in his backyard. He did not see how
anyone could give the applicant a conditional use for a building. Wilson said he bought
the townhome in good faith and wanted to see a wetland.
Kansier pointed out the neighborhood and wetland. Moore mentioned the distance is
anywhere from 250 feet and over 300 feet from the property line with the wetland in
between. None of the wetland will be disturbed.
Stamson noted the parking lot is quite a bit in from the property line.
Jerry Hanson, 17436 Deerfield Drive, didn't fee1350 feet was adequate for notification.
Staff pointed out the 350 foot map on the overhead met all the requirements. He felt at
least 50 people can see the parking lot. Hanson thanked Jim Busse for his neighborhood
information meeting. Hanson stated originally there would be 50 buses now there would
be 111. Moore explained there were 94 parking spaces including employee parking. His
other concern was the zoning map - did not feel it was up to date. Moore explained the
immediate property is 1-1 and pointed out the township property. Hanson said he did not
understand the zoning. He felt, in his opinion, this was not an appropriate zoning next to
R2. Hanson questioned the lighting as well as the conditions. Moore responded to
Hanson's concerns and explained the requirements. He did not agree with staffs
conditions and interpretations. Hanson stated he would like to see a berm or a higher
fence. He felt the applicant should move across County Road 21.
Moore pointed out the berm is on the adjacent property, not the Busse property.
Keith Dahnert, 17440 Deerfield, said the elevation of their property is higher and
overlooks the bus parking lot. It's like looking down a barrel of a gun. He understands
Busse's problem, but sitting out on his deck he already hears cars and motorcycles. Now
he is going to hear additional cars and buses. This will impact the quietness ofthe
neighborhood. Dahnert also stated his concern for the impact on the wetlands with 100
buses. He also felt a 10 foot fence would not block the view or noise. Dahnert
L:\05 FILES\05 CUP\Busse Student Transportation\Aug 22 PC Minutes.doc
2
understands the applicant needs to do business, but not this area. He felt he was misled
by the developer on the types of businesses going into the industrial park.
Judith Hanson, 17436 Deerfield Drive, said she was surprised she was only one ofthree
neighbors who received a notice of the neighborhood meeting or the public notice. She
was also concerned for the sound of 100 buses starting up in the morning. Not only does
there need to be a visual boundary but a sound barrier. Hanson told the Commissioners
to think about having Mr. Busse moving to another location across the road.
The public hearing was closed at 7:03 p.m.
Comments from the Commissioners:
Ringstad:
. Questioned staff on the runoff fluids - oil, antifreeze, salt, etc. Moore explained
the NURP plan was engineered specifically before runoff into the wetlands.
. Agree and disagree with some of the comments.
. I believe there will be some impact regarding Item #5 ofthe conditions.
. However, the bus parking is an appropriate use for the zoning.
. A 6 foot fence is not adequate for sound or screening in my estimation. Would
like to throw out the idea of berming visual and sound.
. This has been a well thought-out project.
. The size of the berm may not be that great in length but worth talking about.
Billington:
. This appears to be a reasonable project.
. The lighting plan would be a caveat for the conditions to be approved.
. It seems to meet the goals of the Comprehensive Plan.
. The berming is an open discussion.
. Support.
Perez:
. Questioned notification. Kansier explained the notification process. Staff errors
on the side of caution. If the line just touches a property, the resident is notified.
However, the City follows the State Statutes.
. Kansier pointed out the Comprehensive Plan Amendment notification is 500 feet.
This area was rezoned in 2003 and all parties are notified within that area.
. Moore also added the applicant supplies the information certified by an abstract
company based on County records.
. Agreed with Ringstad on condition #5 for adverse impacts to neighborhoods.
. In favor ofberming to mitigate the noise.
. No issues on the other Findings.
Stamson:
L:\05 FILES\05 CUP\Busse Student Transportation\Aug 22 PC Minutes.doc
3
. This area was changed to Industrial and outside storage. Stamson explained to the
attendees the Planning Commission and City Council's reasoning for the change
of zoning.
· One of the other CUP's for a bus parking lot was not next to a neighborhood.
This project seems like an adverse impact on the neighborhood. A berm or trees
will not block the noise or view. A bus parking lot is different from a car lot. It
would be a sea of orange. How do you block that? They are diesel buses and will
have to be started up and idle 15 minutes next to a residential neighborhood. It is
a huge impact.
· Will not support based that it does not meet condition #5. Move it further away in
the I District and I would be okay with it.
Perez asked Jim Busse to speak on the normal operation of the buses.
Jim Busse explained the normal operation (School Year - Monday through Friday) -
drivers start arriving at 6:20 am and stagger with 3 starting times. There would be 30
staggered buses 6:30 to 8:00 am. He realizes there is a visual impact and will put in 18
foot tall trees. He has never had a problem with the existing neighbors on a gravel road
who were only 150 feet away. The neighbors are supportive ofthe operation as they did
not feel the operation was a problem. The Busse family has been in the busing business
for over 40 years without any problems. All buses are back by 4:30 pm. The buses are
not in and out throughout the day. It is pretty quiet around the yard after that. Busse is
aware the east end of the lot would be a visual impact to the neighbors therefore, he was
planning on the larger taller trees.
Busse also explained the lighting for safety. The bus companies have been working with
the Minnesota School Bus Association. The lighting is very important - he will make
sure the lighting stays in the lot and will not affect the neighbors. Busse also landscapes
and is knowledgeable on vegetation and plans on screening the property beyond the
City's requirements.
Billington questioned what type of trees Busse was planning on planting. Busse
responded - evergreen, ash, armor maple clumps, Colorado blues, Black Hills spruce,
various maples and crab trees. All are 15 feet or higher.
Ringstad:
. Agreed with Stamson on the berm. He does not feel the berm is going to solve
the problem. Did not feel a conclusion will be determined tonight.
. Will not support at this time. Leaving it open.
. Would like another neighborhood meeting as the last one was not well attended.
. Would like to see some sort of satisfaction between the applicant, neighbors and
staff.
Stamson:
L:\05 FILES\05 CUP\Busse Student Transportation\Aug 22 PC Minutes.doc
4
. Would be willing to see if someone has a better idea or have it landscaped
differently. Little pessimistic with orange buses - it will be hard to do an
adequate job of blocking the view. It is a difficult piece of property to mitigate.
. Questioned if this could be continued.
Kansier responded the Commissioners would have to give the applicant clear directions
to what they are looking for.
Stamson said they don't know what they are looking for.
Kansier responded the applicant has to know what the Commissioners want. If the
Commissioners are leaning toward denying it, there has to be Findings of Fact and staff
would then bring back a Resolution to the next meeting.
Moore explained the applicant's landscape plan for the Commissioners and attendees.
Stamson:
. The applicant did a tremendous job of trying to mitigate the property the best he
could. It is just a difficult site. The question is - What is the impact on the
neighborhood?
. I would love to find a spot in town for him. This piece of residential land sitting a
little higher makes it hard to berm. Quite frankly, big orange busses are an eye-
sore. It is a tough thing to look out your back yard and see them all the time.
Billington:
. Inclined to support - would like to see additional fine-tuning of the landscaping.
The applicant was done a supreme effort on this project. It is tough.
MOTION BY BILLINGTON, SECOND BY RINGSTAD, TO CONTINUE THE
MATTER TO THE NEXT MEETING - SEPTEMBER 12,2005 AND DIRECT THE
APPLICANT TO SUPPLY ADDITIONAL LANDSCAPE INFORMATION.
Vote taken indicated ayes by all. MOTION CARRIED.
L:\05 FILES\05 CUP\Busse Student Transportation\Aug 22 PC Minutes.doc
5
,
PLANNING COMMISSION
MINUTES
SEPTEMBER 12, 2005
A. EP05-184 Busse Student Transport is requesting a Conditional Use Permit
to allow outdoor storage within the 1-1 zoning District legally described as Lot 2,
Block 2, Deerfield Industrial Park 2nd Addition.
Planning Coordinator Danette Moore presented the Planning Report dated September 12,
2005, on file in the office of the City Planning Department.
On August 22, 2005 a public hearing was held before the Planning Commission to
discuss an application request by Busse Student Transportation for a conditional use
permit to allow outdoor storage on a site located south of Adelmann Street and west of
Revere Way, within the Deerfield Industrial Park. The site plan showed a 7,200 square
foot structure and an outdoor storage area for the parking of buses. Individuals who
spoke at the public hearing brought up the following site specific concerns:
. Concerns related to the visual impacts of busses being parked within the
proposed proximity to the existing residential dwellings.
. Concerns related to inadequate screening provided by a six foot high fence and
trees.
. Concerns related to noise levels created by the proposed use.
After the public hearing was closed, Planning Commissioners discussed the concerns
raised during the public hearing and directed the applicant to review the site plan and
consider possible revisions to provide additional visual and noise mitigation through the
use ofberming or increased landscaping. The application was continued to the
September 12,2005 Planning Commission meeting.
On September 1, 2005 the applicant conducted a second neighborhood meeting, where
the following changes were discussed:
. The removal of bus parking spaces (3) that were originally proposed at the
western most end ofthe parking lot.
. The creation of a berm along a portion of the western end of the parking area.
The berm is proposed to extend approximately 86 ft in length and 20 ft in width.
The berm will be five feet (5') in height at its highest point.
. A revised landscaping plan to provide six -15 ft to 18 ft in height Colorado blue
spruce trees along the top of the proposed berm.
Overall, staff believes the outdoor storage is consistent with the intent ofthe 1-1 use
district provided the conditions of approval are met. The planning staff recommended the
following additional conditions:
L:\05 FILES\05 CUP\Busse Student Transportation\Sept 12 PC Minutes.doc
1
1. The applicant shall record the Conditional Use Permit at Scott County no later than
60 days after City Council approval.
2. A plan must be provided that details the materials used for the construction of the
gates to the fenced enclosure areas.
3. A zoning permit shall be issued prior to the installation of the fence.
4. All vehicles within the outdoor storage area must be operable, licensed, and
registered.
5. A sign permit application must be submitted to the City prior to the installation of any
signage on the site.
6. Revise the lighting plan to show light spill not exceeding 1.0 at the property line.
7. Prior to site plan approval, the applicant shall submit revised plans reflecting plan
changes and conditions as indicated.
8. All conditions listed in Section 1102.1503(8) ofthe Zoning Ordinance shall be met.
9. All conditions listed in the August 17,2005 Engineering Department memo.
10. The plans must be revised to show the access road as Granite Court.
Moore went out on site to view two properties in the Deerfield development and felt the
berm and trees would block much of the view, there would be some visibility from the
second level. Moore said she was not sure the visibility of the main ground level. The
applicant cannot go into the wetland buffer area.
Comments from the Commissioners:
Billington:
. Given the zoning and conditions, the applicant's meritorious effort to mitigate the
visibility, which is the big issue here, I am looking favorability at this request.
. Requested applicant Jim Busse to explain to the neighbors how he is mitigating
much ofthe view with the berm and landscaping and still protect the wetlands.
Busse explained he has a landscape background and is aware of the problem. He
will also be adding additional trees in the future to take care of the view.
. The days of operation are Monday through Friday - starting at 6:20 am, some at
7: 15 am and then 7:50 am. At no time will all the buses be running at the same
time. The buses do not return until after the runs from 4:00 pm to 4:30 pm. All
buses will be back by 5 :00 pm. There is a little bit of activity on weekends.
Sometimes on Saturday mornings. They may take the band to the airport.
Generally nothing happens on the weekends.
Ringstad:
. Asked Busse ifhe can stagger the tree planting. Busse explained that was the
plan.
. Is it possible if the drivers with the later morning shift leave from the far
(western) end ofthe parking lot? Busse responded they would. He wants to be a
good neighbor.
. Right now he has 14 buses and 8 mini buses. Ten years from now there could be
50 buses based on the rapid development.
. Busse went on to explain the landscaping and trees.
Commissioner Stamson recognized Jerry Hanson as representative for the Deerfield
neighborhood to give a rebuttal on the comments.
Jerry Hanson, 17436 Deerfield Drive, representing the neighbors, said he was not in
agreement with the Commissioners how this area should have been zoned. Hanson stated
he has been in the private sector for 25 years and the public sector for 15 years and
recognizes that without a strategic plan it is difficult to develop the tactical and
operational plan. Hanson felt the 2030 Vision endorsed by the community was not being
met and refuted points of the plan. His second concern was for other owners storing their
buses on this lot. In his conversations with Scott County, the traffic is not significant
enough to mandate stop lights.
Hanson felt the 2030 document gives the Commissioners the opportunity to prevent
things from happening as described in the strategic plan. And, if the CUP was approved
tonight, it would violate points he outlined. There would be big impacts on the
neighborhood. At the time of the zoning only one neighbor spoke up. Hanson felt it was
staffs, City Council and the Planning Commission's responsibility to protect the
neighbors as well as the businesses. No question staff followed the letter of the law on
sending out notices, however, it was not in the spirit of neighborhood communication -
only three residents he surveyed were notified. Hanson stated communication should be
more wide-spread. They also believe the CUP fails point 5 of the application.
Hanson felt the future values of the properties will be affected by this development. No
amount oflandscaping will block the view of the buses. He also felt there would be
problems with the sound and fumes from the buses. Hanson asked the Commissioners to
deny the Conditional Use Permit and rezone the Industrial area.
Keith Dalnert, 17440 Deerfield Drive, explained photos of the area.
Ringstad:
. After hearing all the testimony, I agree with Billington to support. It's not a
perfect solution for the neighbors, however there is a buffer with a berm and
many trees to provide additional screening both visually and for sound.
. The applicant is removing the three spaces to the west and with the improvements
we heard tonight - I will support.
Stamson:
. It is a balancing act. This is an important business in Prior Lake. I envisioned
something of fairly modest proportions. Fifty buses are significant. It's difficult
to rectify with the neighbors. You have to balance the needs of the business and
the neighborhood that's there.
. Don't see how adding additional trees will block the view. Trees closer to the
neighbors may be better. Don't see how adding trees along the parking lot will
buffer the view. Maybe I'm wrong and this will do it. It's a tough call.
. We talked about this and the impacts when we switched this District to "I". I
didn't think it would be much different. Wouldn't have a problem ifit was a little
further from the residential area.
. Vote against it. I'll admit it's a tough call.
Billington:
. The reality is the zoning and that's what is in front ofus.
. I can think of worse occupancies in an I District.
. The applicant has made every effort mitigate the exposure to the neighbors. What
else could he do? Those are the facts.
Stamson:
. Agreed. The applicant did a tremendous job in attempting to screen. The applicant
did a great job of trying to mitigate it.
. It is zoned properly.
. Just have a hard time with it. I just don't think it can be done.
. The reason we have a Conditional Use Permit is to recognize outdoor storage is a
greater impact than we allow there. Ideally, you look at it and mitigate it. This is
a rare instance. I have a hard time imposing this on anyone else if! can't live
with it myself.
Ringstad:
. Stamson said a key word "mitigate". Its not eliminate. With the changes brought
tonight rather than approve it three weeks ago we brought it back to further
mitigate some of the circumstances. That has been accomplished. It's not
perfect. Not sure anything is going to be acceptable over there.
. The wetland look is going to change whether this is in or something else.
. It is enough of a balance to vote for it.
Stamson:
. To play both sides, I am not expecting it to be eliminated. I wouldn't even expect
to sit on the deck and not allow it if you see one bus. It's not that at all.
. I'm just looking at it and explaining my position and I'm not comfortable.
. I know the applicant has gone above and beyond mitigating it.
MOTION BY BILLINGTON, SECOND BY RINGSTAD, APPROVING
RESOLUTION OS-llPC CONDITIONAL USE PERMIT ALLOWING OUTDOOR
STORAGE IN THE 1-1 ZONING DISTRICT SUBJECT TO THE LISTED
CONDITIONS.
Vote taken indicated ayes by Billington and Ringstad. Nay by Stamson. MOTION
CARRIED.
Stamson explained the appeal process.
.,
CONDITIONAL USE PERMIT
RESOLUTION 05-19PC
APPROVING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE IN THE 1-1 (GENERAL INDUSTRIAL)
ZONING DISTRICT
MOTION BY:
SECOND BY:
WHEREAS,
The Prior lake Planning Commission conducted a public hearing on August 22, 2005 and October
24, 2005, to consider an application from Busse Student Transportation for a Conditional Use Permit
(CUP) to allow outdoor storage; and
WHEREAS,
Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior
lake Ordinances; and
WHEREAS,
The Planning Commission proceeded to hear all persons interested in this CUP and persons
interested were afforded the opportunity to present their views and objections related to the CUP; and
WHEREAS,
The Planning Commission approved the CUP with specific conditions; and
WHEREAS,
The Planning Commission finds the proposed CUP is compatible with the stated purposes and intent
of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed
CUP meets the criteria for approval of CUP as contained in Section 1108.202 of the Zoning
Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PRIOR LAKE:
1. The recitals set forth above are incorporated herein.
2. The Planning Commission hereby adopts the following findings:
Section 1108.200 of the City Code sets forth the aeneral criteria utilized to review a CUP application.
(1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan.
Two of the objectives of the Comprehensive Plan is to "maintain high standards in the promotion and development of
commerce and industry." A policy supporting this objective is to "maintain proper physical site screening and landscaping
standards." The outdoor storage is consistent with the goals, objectives, and policies of the Comprehensive Plan provided
it compiles with the conditions of approval.
(2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole.
The uses will not be detrimental to the health, safety, and general welfare of the community as a whole provided all
conditions of approval are met.
L:\05 FILES\05 CUP\Busse Student Transportation\resolution3.DOC
Page 1
(3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the
Conditional Use is located.
The purpose of the 1-1 use district is "to provide areas of the community that will allow general industrial uses that, due to
their size and nature, would not conform to the 'e-5' Business Park Use District." Outdoor storage is appropriate for this
district because of aesthetics.
One purpose of the Zoning Ordinance is to "protect the residential, business, industrial and public areas of the community
and maintain their stability." The proposed use is consistent with this goal, provided the site complies with all conditions of
approval.
(4) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are
either existing or proposed.
So long as all conditions of approval are adhered to the uses will not over burden municipal facilities.
(5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the
conditional use.
The Zoning Ordinance places conditions on outdoor storage in the 1-1 use district to protect adjacent uses. Provided all
conditions are met, the use will not have undue adverse impacts on the properties in close proximity.
(6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the
direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by
the Planning Commission and incorporated as part of the conditions imposed on the use by the Planning
Commission.
The landscape plan was prepared by a licensed landscape architect.
(7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of
Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable
lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth
in the CUP approved by the City Council.
A registered civil engineer prepared drainage and utility plans for the site plan application.
(8) The use is subject to such other additional conditions which the Planning Commission may find necessary to
protect the general welfare, public safety and neighborhood character. Such additional conditions may be
imposed in those situations where the other dimensional standards, performance standards, conditions or
requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In
these circumstances, the Planning Commission may impose restrictions and conditions on the CUP which are
more stringent than those set forth in the Ordinance and which are consistent with the general conditions above.
The additional conditions shall be set forth in the CUP approved by the Planning Commission.
The Planning Commission may revise recommended conditions or attach additional conditions, as they deem appropriate
to protect the general welfare, public safety, and neighborhood character.
L:\05 FILES\05 CUP\Busse Student Transportation\resolution3.DOC
Page 2
The Conditional Use Permit is hereby approved on the property legally described as follows:
Lot 3, Block 3, Deerfield Industrial Park 2nd Addition, Scott County, Minnesota.
The Conditional Use Permit is hereby approved subject to the following conditions:
a) The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after Planning
Commission approval.
b) A plan must be provided that details the materials used for the construction of the fence and gates to the enclosure
area.
c) A zoning permit shall be issued prior to the installation of the fence.
d) All vehicles within the outdoor storage area must be licensed and registered.
e) A sign permit application must be submitted to the City prior to the installation of any signage on the site.
f) Revise the plans to address comments detailed in the City Engineers August 17, 2005 memo.
g) Revise the lighting plan to show light spill not exceeding 1.0 at the property line.
h) All conditions listed in Section 1102.1503(8) of the Zoning Ordinance shall be met.
i) The plans must be revised to show the access road as Granite Court.
j) All buses with backup alarms shall only back into parking spaces at night/return of buses.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use Permit for outdoor storage
in the 1-1 district. The contents of Planning Case File # EP05-184 is hereby entered into and made a part of the public record
and the record of the decision for this case.
Passed and adopted this 24th day of October, 2005.
Anthony Stamson, Commission Chair
ATTEST:
Jane Kansier, Planning Director
L:\05 FILES\05 CUP\Busse Student Transportation\resolution3.DOC
Page 3
Points for the Prior Lake City Council Meeting
Appeal of Planning Commission Resolution 05-11PC
I thought it would be useful to identify a framework to review the CUP before you. The zoning
of this particular section of land has had many discussions. As late as April of last year, and
again at the September 12,2005 meeting, there was no consensus at the planning commission
regarding use of the land. The use of the parcels in the Deerfield Industrial Park has split the vote
of the council on more than one occasion since the original discussions in 1997.
The 2030 Vision and Strategic Plan, recently revised and published (June 6, 2005), seems to
represent what direction the community as a whole has endorsed.
Strategic Plans, as I'm sure you're aware, provide the guidance for the tactical and operational
plans that follow. As a member of management teams in the private sector for twenty-five years
and the public sector for fifteen, I recognize that without a strategic plan, it is difficult to develop
the subsequent plans without being affected by the daily financial and political, little "p",
pressures one encounters during their daily activities. The policy makers of the entities, whether
public or private, must assure that the operational plans meet the strategic objectives.
In my review of the 2030 Vision and Strategic Plan
Good Plan - community involvement initially of 60 handpicked volunteers to build the
Plan
- 110 stakeholders from various points of interest reviewed the plan
We believe it worthwhile to review some points ofthe 2030 plan before making a decision on the
CUP before you.
The Strategic Leadership section on Page 7, discusses the Strategic Leadership function, which
I assume, includes the City Council and its appointed commissions
Function is to make things happen that would not happen otherwise and to prevent
things from happening that might ordinarily occur
It appears that in some or many instances this would require Solomon like wisdom since
the two may be in direct opposition, but you do have some guidance
From the 2030 vision section page 14
Citizen input is encouraged through interactive communications on all levels to identify
problems and develop mutually acceptable solutions... ... .Priority is placed on aesthetics and
the maintenance and replacement of infrastructure.
That section closes with the bolded statement Prior Lake is a wonderful place to call home.
The assumption is that the statement applies equally to the residents of the community as well as
the businesses that call Prior Lake home.
From the section Strong Financial Management page 19
Goal 1 - Objective I
Ensure the completion of the Deerfield Industrial Park with high valued structures
(buildings with unique designs, class one materials and modest exterior storage). This is a
different perspective than the one taken when this general area was discussed at the March 17,
2003 City Council meeting. Ms. Kansier explained to the City Council that 1-1 ''would allow
more intense industrial uses with outdoor storage such as contactor yards, auto body repair, heavy
manufacturing, and so on. General business uses include a more retail or customer based use
such as malls or commercial uses." It also has a different perspective than what the Planning
Commission endorsed in its April 2004 meeting.
Objective 4
Encourage residential subdivisions which add high quality, high value housing at all price
points. The issue is one of retention or appreciation of value of not just the homes within 350
feet, but those that will be visually or aurally affected by the proposed CUP in front of you.
Wouldyou want the "sea of yellow busses" in sight or within hearing rangefromyour
property ?
After reading the Economic Development plan page 23
It is obvious that some reconciliation of the goals of this section of the plan must be
integrated with the Strong Financial Management goals to be successful
From the section Transportation page 32
Partner with Scott County to identify and develop alternative traffic corridors to mitigate
traffic congestion on CSAH 21.
Our conversations with the Scott County Engineer, Mitch Rasmussen and the Traffic
Department's Mike Sorenson indicate that any additional traffic signals/improvements at the
corner of County Roads 87 and 21 are out as far as 2012. It was indicated to be a low priority.
Since this will add at least an additional 400 trips daily at a minimum when in full operation, it
seems inconsistent.
What Next?
Without the guidance of the 2030 Vision and Strategic Plan, it might be difficult to revisit plans
already made or under consideration. The existence of the document does, however, offer the
opportunity "to prevent things from happening that might ordinarily occur" as was described
in the Strategic Leadership section of the plan.
If you approve the CUP before you tonight, I believe it would violate the major points I've
outlined.
As mentioned earlier the Deerfield Industrial Park has a controversial history. When the city
council approved the last rezoning, the mayor and others specifically asked how it would affect
the neighborhood. Some council members appeared, at that point, disinclined to OK the zoning
change. They specifically asked if a CUP hearing would be held. The change did pass, however,
Mayor Haugen asserted that he only supported it because the city still has control to mitigate the
impacts on the neighborhood (May 3, 2004)
Interestingly, at the same meeting, the Deerfield 11 th was also being approved as part of the
consent agenda. Since there was only one homeowner present at the initial meeting, someone
should have represented the future homeowners in the hearings. Whether that should have been
City Staff or Planning Commission commissioners or DR Horton, I'm not sure. Each ofthose
entities had and continues to have responsibility to the citizens of the areas affected.
In the recent notifications that were sent, I'm confident that the city staff and Mr. Busse followed
the letter ofthe law, however, I don't believe they followed the spirit of neighborhood
communication. Only four owners in the Deerfield Coach Homes that we've surveyed received
notice of the first Planning Commission meeting and the same four received notice of both
neighborhood meetings held by Mr. Busse, even though by staff count, there are ten properties
affected by the letter of the law. Mail sent to Resident or Homeowner with the proper address
would have reached them. Addresses are easily available via the Scott County GIS maps.
Moreover, a significant additional number of homeowners are affected, many of whom you will
see and hear at the public hearing, that don't fit the letter ofthe law. In an open process, the
communication could have been more widespread.
In summary, we would suggest that if the CUP is approved, there is a failure to comply with the
spirit of the 2030 Vision and Strategic Plan as I've already described. We also believe the CUP
also fails on point 5 of the application which says, "The use will not have undue adverse impacts
on the use and enjoyment of properties in close proximity to the conditional use".
Although Mr. Busse frequently speaks of the fourteen busses he owns, he asserts that some fifty
or sixty busses would be on the property early on. The property, as currently planned would
allow for fifty odd full size busses, 30 odd smaller busses and twenty odd vans. We believe that
the future value of the properties will be affected. Again we ask the question, "How would the
sea of yellow busses visible and within hearing distance of your property affect its value?"
We believe there are:
Visual affects
Sea of Orange busses
Headlights in the morning and evening hours
Lighting reflected off the windows of and the busses themselves
Sound effects from the starting, warming up and egress and access of the vehicles (drivers
reporting to work/leaving - busses leaving and returning)
Two hours in the morning
Two hours in the evening
Activity busses
Special activities on Saturdays
Backup alarms (currently not required, but well within reasonable expectation)
Diesel and automotive fumes
Will carry to homes on an easterly wind and be sucked in through windows or air
exchangers
It is our belief that the purpose of zoning land use is to transition from one classification of use to
another. This creates a gradual change without adversely affecting occupants of the transitional
areas. Going from R-2 (Deerfleld Coach Homes) to 1-1 (the Busse CUP application) is an
egregious violation of that concept. There is no other area of the city with that dramatic a
transition.
We would recommend denial of the CUP.
Jerry L. Hanson
17436 Deerfield Drive
Prior Lake, MN 55372
952-226-3357
October 17, 2005
1
October 24, 2005
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Second Chance
. You've been given another opportunity
with a different set of players to re-visit this
Conditional Use Permit application
. "Do Overs" rarely occur in the public
sector
. We hope that we're better prepared to
discuss and you're more receptive to our
comments
2
.
II
of the center of town on CSAH 21
East
3
.
4
of the center of town on CSAH 21
West
13
South of the center of town on Highway
.
.
5
.
From the Published 2030 Vision and Strategic Plan
. 2030 VISION ELEMENT
-
o Strong Financial Management
urces
on
tion
.
.
.
.
.
.
.
.
.
.
the 2030
Lake have a powerfUl vision and great hopes for the community's future
The people of
Vision.
For it to become a reality, the city must ensure the financial resources are available, in the amount and
within appropriate time frames, to fund the operating and capital costs associated with
implementing the strategic plan.
Prior
6
FIVE-YEAR GOAL: Diversify and maximize the city property tax base
TWO-YEAR OBJECTIVES:
Ensure the completion of Deerfield Industrial Park with high-valued structures (buildings with
unique designs, Class 1 materials and modest exterior storage).
.
.
.
.
7
2030 Vision and Strategic Plan
I
. Seems to be of importance
o Over sixty people helped draft the origina
o Another hundred or so reviewed the draft
o Was accepted by the Mayor and Council
o Is promoted as being the guide
.
.
ssue for the Proposed CUP
. Failure to comply with the 2030 Vision and
Strategic Plan adopted June 6, 2005
I
Points at
. Safety Concerns
. Environmental Concerns
8
. Failure of Point 5 of the Conditional Use
Permit Amendment Standards (Zoning
Ordinance 11 08.202)
.
.
Failure to comply with the 2030 Vision and
Strategic Plan adopted June 6, 2005
Vision (page 14)
Citizen input is encouraged through
interactive communications on all levels to
identify problems and develop mutually
acceptable solutions... . Priority is placed
on aesthetics and the maintenance and
replacement of infrastructure. The bus
storage CUP is not aesthetically pleasing
to anyone to whom we've spoken.
9
Failure to comply with the 2030 Vision and
Strategic Plan adopted June 6, 2005 (cont.)
Strong Financia
Goal 1
. Objective 1 - Ensure completion of the Deerfield Industrial Park with
high valued structures (buildings with unique designs, class
one materials and modest exterior stora~). Mr. Busse has
publicly stated that he expects 50-60 busses in the area early on.
Up to 100+ busses is not modest in any context except maybe
at Blue Bird or Thomas Built bus manufacturers
. Objective 4 - Encourage residential subdivisions which add high
value housing at all price points.
The assumption is that retaining value is also important. The "sea of
yellow busses", the sound of the drivers arriving/leaving and the busses
leaving/returning will not enhance/perhaps even retain the value of the
residential properties adjacent to them. How would the busses affect
your neighborhood porperty values?
10
19)
Management (page
.
.
.
Failure to comply with the 2030 Vision and
Strategic Plan adopted June 6, 2005 (cont.)
. Transportation (page 32)
Partner with Scott County to identify and
develop alternative traffic corridors to mitigate
traffic congestion on CSAH 21 .
· Scott County Engineer, Mitch Rasmussen and the
Traffic Department's Mike Sorenson indicate:
Traffic Signal improvements at County Roads 87 and 21
are a low priority
Current plans have changes out in 2012
Adding at least 400 trips daily when in full operation
seems to conflict with the mitigation strategy for at least
.
SIX years.
11
.
.
I
oThe existing pathway along CSAH 21
connects to Cleary Lake Park at Revere Way
o The trail system that is being proposed for the
wetlands crosses into Cleary Lake at Revere
Way
o Pedestrian, cross-country ski, roller blade and
bicycle traffic will frequently be present at the
same time the busses are traveling down
Revere Way to CSAH 21
12
Safety Concerns - Traffic Contra
Health Concerns
13
. Diesel and automotive fumes
. Concentration of up to 200 vehicles
Busses warm up (50 to 100 of them) for 15 to 30 minutes
All in one place
. Noise
. Minnesota Pollution Control Agency
Clear definitions for acceptable noise levels at receiver site
would put Busse in violation of nighttime noise standards if bus
count exceeds 4 busses (based upon Busse declaration of
operation beginning at 6:M am and 6-foot earthen berm in
place)
Noise would increase 1 % times if backup alarms are used and
would put Busse in violation with the first bus.
Failure of Point 5 of the Conditional Use
Permit Amendment Standards (Zoning
Ordinance 1108.202 sub 5)
"The use will not have undue adverse impacts
on the use and enjoyment of properties in close
proximity to the conditional use."
Visual
.
14
. Busses
. Headlights morning and evening
(a sea of yellow)
.
.
This is a 2 % inch Ash that is proposed as screening
They are proposed to be about 30? feet apart
Will do little from May thru October
Won't do anything from October thru May
15
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This is a 6 foot man standing beside a school bus
The fence proposed is a 6 foot fence
.
.
16
.... ' "'---~ "-'
"1.:....~-:. ~,..':!_
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Simulated 6 foot fence
.' _ _ "~.,, 1:...
"".>;,~.,~";...,, "
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17
.
Same 6 foot man - different view
Simulated wall - Imagine 50 of these busses side by side
II
18
.
.
it
1108.202 sub 5)
Failure of Point 5 of the Conditional Use Perm
Amendment Standards (Zoning Ordinance
o Sound
. Standard Operation
Two hours in the morning
Two hours in the evening
Other Operation - Later hours
Activity Busses
Special Activities
Backup horns
Not now required but reasonable to assume
· Recent articles about children being killed by busses in
Twin Cities
Sound level is in the 100 decibel range (Remember the Dome
when the Twins were in the World Series - Imagine that with an
open air stadium 1 block from your house)
19
.
.
.
.
it
Failure of Point 5 of the Conditional Use Perm
Amendment Standards (Zoning Ordinance
11 08.202 sub 5)
. Commissioner Stamson stated his belief that there is no
way to mitigate the "sea of yellow busses".
The real question is "In whose opinion are there undue
adverse impacts?" If it's not the opinion of the citizens
who are affected, then why even have the standard?
20
.
.
II
Summary
. Zoning, theoretically, attempts to transition
from one zone to another with adjacent
uses being compatible
o R-2 to 1-1 doesn't transition, it "clunks"
D No where else in the City is there such a
dramatic change
o The current Comprehensive Plan identifies
another 900+ acres for business
. Why change your strategic plan for short term
gain?
21
.
.
Fina
Summary
-
There appear to be three choices, anyone of them will send a
message to the citizens of Prior Lake:
Option 1 - Assist Jim Busse in finding another location
. Scott County Acting Planning Manager Marty Schmitz said, "Jim Busse is
under more pressure to move from Pulte than any Government agency".
. Temporary or permanent location
Allows for transition
Same benefits as Option 2, but better for Jim
the
in
Option 2 - Deny the CUP
. Lets citizens know you care about them as well as development
. Affirms and values citizen input to the 2030 Vision and Strategic Plan
. Shows strong desire to implement the plan
The latest City flyer emphasized the leadership by the Mayor and Counci
development of the latest update
Lets people know that you intend to
"walk the talk
.
.
Option 3 - Approve the CUP
. Delays implementation of the strategic plan and puts it on the shelf
. Lets citizens know that it is "business as usual" and the public has little say
in the process
22
Decibal Levels for a Bus
73 dBA Bus idling from a distance of 50 feet
107 dBA Backup Alarm
180 dBA TOTAL 1 BUS
If you double the number of sound sources, the
total sound level increases by 3 dBA.
Bus With Backup Alarm
Distance From Sound Source (ft)
50 100 200 400
: 1 107 101 95 89
: 2 110 104 98 92
::I 4 113 107 101 95
l:D 8 116 110 104 98
0 16 119 113 107 101
..
CD 32 122 116 110 104
.Q
E 64 125 119 113 107
::I 128 128 122 116 110
z
Minnesota Noise Pollution Control Rules
7030.004 Noise Standards
These standards describe the limiting levels of sound established
on the basis of present knowledge for the preservation of public
health and welfare
7030.005 Noise Area Classification
The noise area classification is based on the land use activity at the
location of the receiver and determines the noise standards
applicable to that land use activity
Noise Standard
Dav 17 am -10 om) INight 110 om - 7 am)
65 I 55
Land Use Activities Classification 1
Household Units
Group Quarters
Residential Hotels
Mobile home parks or courts
Transient lodging
Other residential
Motion picture production
Medical and other health services
Correctional institutions
Educational services
Religious activities
Cultural activities and nature exhibitions
Entertainment assembly
Camping and picnicking areas
Resorts and group camps
Other cultural, entertainment, and recreational activities
.. all aata taken trom Minnesota t'ollutlon (.;ontrol
OCT 24 PUBLIC HEARING
~ d pc, ~fi'j
I 0/ Z y, I D$"
PETITION
To Deny a Conditional Use Permit for the Development of a Buss Storage and
Maintenance Facility in the Deerfield Industrial Park.
We strongly encourage the denial of the Conditional Use Permit that would allow a bus
storage and maintenance facility to be developed in the Deerfield Industrial Park. We
believe it fails the 2030 Vision and Strategic Plan based on aesthetics, the call for modest
exterior storage and significant additional traffic on CSAH 21, the Comprehensive Land
Use Plan by allowing gross outside storage and point 5 of the CUP (Zoning Ordinance
1108.203 sub 5) Standards Application by "creating adverse undue impact on the use and
enjoyment of the properties affected".
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