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HomeMy WebLinkAbout03-80 Digger's CUP Correspondence L\TEMPLA TE\FILEINFO.DOC Maintenance Center 17073 Adelmann Street S.E. Prior Lake, Minnesota 55372 Fll: ~~~~ May 11, 2006 Bob Facente Prior Lake State Bank P.O. Box 369 16677 Duluth Avenue SE Prior Lake, MN 55372 FAX # 952-447-2133 RE: Digger's Sales and Service Irrevocable Letter of Credit No. 1362 Dear Mr. Facente: The City of Prior Lake hereby releases the above listed Letter of Credit. The original copy of Irrevocable Letter of Credit No. 1362, issued for the Digger's Sales and Service will be returned by mail. If you have questions, please contact me directly at 952-447-9812. Sincerely, Q.~ ~ane Kansier, AICP i='lanning Director Enclosure 1:\04 files\04 cup's\digger's polaris\locrelease.doc www.cityofpriorlake.com Page 1 Phone 952.440.9675 / Fax 952.440.9678 I. jy PRIOR LA=(3 S~A~31A~1 ~ City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 AMENDED IRREVOCABLE LETTER OF CREDIT NO. 1362 Date: March 30, 2005 Dear Sir or Madam: We hereby issue, for the account of Digger's Sales & Service, Xnc., and in your favor, our Amended Irrevocable Letter of Credit in the amount of Three Thousand and 00/100 ($3,000.00) u.S. Dollars, available to you by your draft drawn on sight on the under- signed bank. The draft must: a) Bear the clause, "Drawn under Amended Letter of Credit No. 1362 dated March 30, 2005, of Prior Lake State Bank". b) Be signed by the Mayor or City Manager of the City of Prior Lake. c) Be presented for payment at Prior Lake State Bank, 16677 Du1uth Avenue SE, Prior Lake, Minnesota, on or before 4:00 P.M. on March 30, 2006. This Letter of Credit shall automatically renew for successive one year terms unless, at least forty five (45) days prior to the next annual renewal date, (which shall be March 30 of each year), the Bank delivers written notice to the Prior Lake City Man- ager that it intends to modify the terms of, or cancel, this Letter of Credit. Writ- ten notice is effective if sent by certified mail, postage prepaid, and deposited in the u.S. Mail, at least forty five (45) days prior to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall, 16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714 and is actually received by the City Manager at 1east forty five (45) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Pub- lication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. Two Locations: P.O. Box 369, 16677 Duluth Avenue SE, Prior Lake, MN 55372-0369 (952) 447-2101 14033 Commerce Ave NE, Prior Lake, MN 55372 FAX (952) 447-3337 www.priorlake.com PURCHASE ORDER CITY OF PRIOR LAKE, MINNESOTA (952) 447-4230 Fax: 447-4245 NO. OlD- 5lb IMPORTANT - This no. MUST appear on all pllClalges, packing sUpa, shipping papers, Invoices &.. "pondence. The Center of the Lake Country INVOICE TO: City of Prior Lake 16200 Eagle Creek Ave. S. E. Prior Lake, Minnesota 55372 SHIP TO: (Same as "Invoice To" unless otherwise noted below) PURCHASE FROM: ~ -'UaJ~tu.t -:J.'-\'\ Uir h ,Lz. ~"?'~ 5'Jlllp DATE tfl1 0 () (0 IMPORTANT QUOTE THIS ORDER NUMBER ON INVOICE Q1IA1ol U.l , DESCRu: a.ON UNIT PRICE TOI'AL REMARKS .prrh~nMD ..$uFV\'~ t\,--Bu.~H.. +Or .D15~:{--6 'Z-~ TOTAL ORDER z..Lf.so~ ORDgED BY~ J,. .. '-.'l t1J,U.. ~~I ev TO BE USED FOR: Dept. Acct. #: 140 - 'a J:DO - "11:> APPROVED BY: ~}!~hsW- DEPARTMENT HEAD CASH 0 CHARGE 0 REMARKS: CITY MANAGER NOTE: The City Is not subject to penalty for late payment on bills. White. Vendor Yellow - Receiving Pink - Accounting & Purchasing - I . - FACSIMILE TRANSMITTAL -iELCHER T W ALKK Y 749 Highway 12. Hudson, WI 54016 p715.386.7736 015.386.7889 Attention: Company: Fax Number: To: Larry Poppler City of Prior Lake 952 440 9678 Project: Di.ggers Polaris As Built Comments: Larry Per our discussions, we will up date our civil drawings to reflect the actual constnlction. I have received your redlined document and will transfer that information to our Cad file. It will be dated and stamped as-built drawing. I anticipate 2- 3 hours of a technician's time to set up, update the drawings and mail out. Our hourly rate is $55. We will complete the project on an hourly maximum of$400. I will send you 3 copies and e- mail you the AutoCAD file. Let me know if this works. I could get it out this week. Thanks Number of Pages: 1 (including this transmittal) Date Sent: March 27, 2006 Signed: Jack Walkky Landscape Architects. Civil Engineers. Land Surveyors J :\Forms-MS\Fax\MW-F AX revised. doc "[oonOO'd 8600# X)!)!'1'iM. .r.~3HJ'I3W 08"[~ SSv ~"[9 ~O:S"[ 900~IL~'~'iW Glacier ()j-?j) Page I of I Jane Kansier Dlj2fotO 0.( 1'1 From: Frank Boyles Sent: Thursday, April 08, 2004 3:13 PM To: Andrea Blomberg; Chad LeMair; Jack Haugen; Jim Petersen; Joe Zieska Cc: Bob Hutchins; Don Rye; Jane Kansier Subject: DIGGERS POLARIS The good news is that we have issued a temporary Certificate of Occupancy so that Doug can conduct his grand opening. We bent over backwards as he did not have his HVAC work done in the repair area. We gave him the CO nonetheless because he did submit a permit with the engineering that we need. He still has some other very significant work to complete which we have a Letter of Credit for. The bad news is that he moved in and promptly parked ATVs etc in the front yard. The CUP prohibits that so we asked him to remove them. Then we hear on KQRS that customers should come on over and try equipment out on their test track. So we went over and reminded him that the CUP prohibits test tracks. He then walked out in the general customer area saying to the Polaris representative where customers could hear that he wants to claim that he is in Savage since he has been given such a tough time by Prior Lake. It was also clear by his tenor that he has no intention of conforming with the test track requirements. What happened, in fact, is this guy was treated more deferentially than anyone I can remember. thought you should be aware of this in the event you receive feedback. Frank Frank Boyles City Manager CITY OF PRIOR LAKE 16200 Eagle Creek Ave. SE Prior Lake, MN 55372 Direct Dial: (952) 447-9801 Fax: (952) 447-4245 4/14/2004 1 \ -. .' ";;,. '.. ".. ..--;. . '." ". _. -. . . <,.; .,...... , ~ ~ ... - ....."'.... .,.. .. ".M." ~.,~ 1!}/\/ '::~,'i;\~~,;';;T;.;;!f' .;.' " ,. . . WHAll$~~O'N6J.N.:"(R(?T, .,~;"i.,}:~.;~I.'L. """'0;",. ;~~=:b. ,. '~,A~a',e..J~;,.t.Q:!ijUIlIJ~ . <<to' ragetan' .ks......'. -:r,',.',.'.." ".', ... ," ....,.' .to ,',...... ....,. ,"'tl "r","",,,".,;t ,.. . . . ,", ".,"' . . . . .13': ''''~~ r"""" .: _~~,..~~;to~1l-.n~:Jt. -, When: nM~h~;D1 tre anlme start~ ': 'BYN~oIe Ha;r~':;: :,:,:; '::.Jh[h7iikFl. ing in the spring of 2004. ., Star Tribune. StaffWri~, . Where: The northeast corner " '. .' '. .., .. ofCountyRd.16E. and County 'Six'year~ago, Doug-Nagle Rd. 18 in Shakdpee: opened a Polaris dealership Who: The Shakopee PubrlC Util- because he thought he might 'i; /ties Commission. as well get paid for.w.hat he ~'~ , ". .. d~ing in hi~ garage;1ro~'bis '~f' ' . Ho\V Much: Ab~$3.5 'mil- .friends, free of,.h....;e. ':, .~ . 'ion .j..", ,1 "t ,: " . ~5' " ." "'l: ". 'If: 1'" ., "I wasn't going to pay some-' .V~ .,' Detals: This'in'terSeCoon w~s one 'to do something I. cotild {f ' chosen because Shakopee IS do," he said. . ",!)f growing at a fast rate in that Nagle is ~, engin~~r .~X" d~~ . '. are~. ~rr hay~ to have wate~ t gree and he sp'imPt8 ~,be.~ tiler, ,@" aeman~ ~d fre s,UP- i_fore he opened Ith~ id~aI~~p'] pre~~ needs, sa~ John c '. '.' . ,working as 11 product dev~lop~ " Crook~'watersupenn~en~~t mentengineer; J" .i""f~{":' for the .~kopee ~bllC l!ti'ities ' Since he 'stopped. tinkeriilg . "" CommlSsrq~. tie said ~ city's c' ,i': ,.and started si:Hling;:N agle'$ :: wa~stor~es~tem. JSbas~d _ ..; dealership, Digge~s ;Prioi~~, > on its,average dally w~ter.~, ,;:;~. ~,;"; Polaris, has been successfuL Iri 'j,!' m~nd' Crookss~\Yha~s j':J"'" ',;a ~iric(of atiQiI(:~~"de8i~!~:lJll. un-aboul,1he!lU1ks~1f\at ';;sbiJl8,.Nagle ranks second,ffi' . ~__~,. '_""~'__"..,. ,~. . '~_.~_.~__ '" theyareOf)~bluffrneso,~, . sales for 2003. ';''':'. f~.~~!l. . fii';t".: "'~'('~~:~~~"'~}!'~$ .. .,,~ ,. ....................,,,.......""",... do elev8tio",he~s ttiemaC,tlike a And it's time to expand. He's " Nagle's Polaris dealership wID soon expand IntO a liew 20,G.o.kquare-foot facUlty. . ~ate!tower.Whentheproject .0pepingaPolaris"experien~al' ",~'-'':,\~'i'f~'; ',.;', ., "":'<"'~'!::1'-.ol..,','~~,:':~~.r ;'. . ~fin~,only.aboutflVeor., center" on Ian. I. ,; " .' set up courses and customers orareno~tion.' - <,.~.:{: ': the goggles to the gloves to the if; srxfeetwlUbevrsible. Polaris has been building:can experience What different A Polaris dealer in Texas snowmobiles. . "expenentialcenters" for 2 1/2, terrain feels like under an AlV . spent $600,000 on remodeling "We want them to have ~.. years. '>,or a sno}Wlobile. The new site that has resulted in a 30 per- fun," she said. "It's about sitting in traffic is aboutl/8 mile away, and just cent increase in sales and 50 Wittman said Minnesota is .'Jv and thinking about what you across Hwy. 13 from his cur- percent more store traffic. the heart of the Polaris market, want to do in your spare time," rent store in Prior Lake. The only other experiential.and Nagle is doing a great job. . said Paige Wittman, Polaris re- Wittmansaid each experi- center in Minnesota is in Roch- "He's aheavy hitter," she :: f. gional sales manager. "It's the ential center has to fit the mar- 'ester, at River Valley Po.wer and said. "He has the right attitude stuff you like to do that makes keto The Minneapolis-area.. Sport. It opened last month, so and he wants to be successful. your stress level go down. It's marketIsdefinitely a Polaris ,Polaris said it's too early to He's a good partner for us." all about providing those market, and within that, Na- have measurable results. things in a wonderful retail gle's market is both rural and Nagle said he chose to open NicokHlUTisistlt center." urban.. a Polaris dealership b.ecause ~com. U.S. Rep. John Kline, R- Nagle will carry the full Po- Nagle attracts a blend of they are built in Minnesota, at Minn., will sponsor a town hall laris line: AlVs, snowmobiles, new customers, Polaris die- a plant in Roseau, and he said ~ meeting on Dakota County jobs personal, watercraft, rangers, hards, and weekend watercraft the parts are easier to stock be- and economic growth Tuesday , clothing and accessories. '.' .riders'-:. '~, r.... , causetheyfitmultiplevehicIes. at 7 p.m. at the Dakota Work- ,,', At 20,000 square feet, Na~<':Wittman. said levels of com- . Barb Miller; store' designer force Center in Burnsville. Dan; . gle's center will dWaghis cUf .mittnent fo . e,;~wederitial . .'for polaIiS},:;~dthe~~erien-, ~cElro~, state fin~,~ce cornmis-.,.'~ reIl~.)pcati~11,'iWhi~~.1s,7,.~centers" . ~~tefrom ~!i~ '.ce?~~~~~~~?hotf!n~ting, Sloner, Isthetf3~~Ur~d~r:.eak. ~.!;? ~js.q. ~.~...~.lL.. e.... t."~dAn... dth'. tho e.reh .D...ll. e.. e., I. '. .$59..0diri'.'.o..~.o..~. ~f~JI)n.,.}lI.ti.1 ~._h,>.:d..ed-...~;.l.."~. ..L..,.p.nll~J~~\!~ tJieth,.>:ClJS....tQm~r "-;;,jJir"~lton~..j ~. ];~:if~_" ~',","~ . ~~. ~ , ~ I ;"',,:..3 ~"." , " H~ ".... Ll.) . -: . ..j -~& lnr. ..,~( '. . . '~:. >;';3;;~0i .;;: : -~ :;":'.., ~ 9e; iM )01 ldi .0:> )61 ill I'!L ;)O~ dw JrN :)dJ " .uo t . ", ~ltt; .Ii!: 'bl~ JUt' l~< ;~fl ~ ,.... WWW~i:s.com i . ~~ _-__l'IirL ." rJ IN BRI(~ .~, ROSEMOUNr State certifies e-commerce _ility keting strategies. L\ BURNSVI.LE Kline town hall set on jobs,gr~wth , ~ ~ ,'- Rosemount has received e- commerce certification from the Minnesota Department of Employment and Economic De- velopment To receive certifica- tion, Rosemount surveyed the community's electronic and . communications infrastructure and will use ifasPart ~f its eco~ nom~' ~e~elo,~n'l~N~rdmar-;- ','~ .r-." '..'~_:,~::-1j'_"~~:':: t..:'..~'::I.':,:-'\,,: :JI{.14,!Jl~.,~(y..,W)',.,v\~ . :.t.;''!t'; "" , ~ , t' :!. ~ ':~~#g~~~~:f'.":;~~i':';':!;;'.' ~;jt~/;';:::':!?,:~~~';;.~f~;' .,,~:l~.' .~' . ~t),.: . : I~. ~~'" ""'0'",,1 '1."'- . . ;,t: II>- . .-.<""" ;. ~,:0~{1'~~~~1~1~~~Y'Fj;.' "~...~~-~~:<~>:;" . . I, . "', 'cc', .c' '.. II ..' .. - ,..', '. . '1.. -..'.....,::~..:.:.~.:....:. :<-;:.:-:.', .' ,;: ....r.-'..:. "'. r .- .". ,I I l, I I ) " , . ;.' ~rl7 <C ..J" o a.. tJ) - a: w " " - c ~ P1IOR ~AKE sr_~T3 BAN=( City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 IRREVOCABLE LETTER OF CREDXT NO. 1362 Date: March 31, 2004 Dear Sir or Madam: We hereby issue, for the account of Digger's Sales & Service, Inc., and in your favor, our Irrevocable Letter of Credit in the amount of Twelve Thousand Five Hundred and 00/100 ($12,500.00) Dollars, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. 1362 dated March 31, 2004, of Prior Lake State Bank". b) Be signed by the Mayor or City Manager of the City of Prior Lake. c) Be presented for payment at Prior Lake State Bank, 16677 Duluth Avenue SE, Prior Lake, Minnesota, on or before 4:00 P.M. on March 30, 2005. This Letter of Credit shall automatically renew for successive one year terms unless, at least forty five (45) days prior to the.next annual renewal date (which shall be March 30 of each year), the Bank delivers written notice to the Prior Lake City Man- ager that it intends to modify the terms of, or cancel, this Letter of Credit. Writ- ten notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty five (45) days prior to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall, 16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714 and is actually received by the City Manager at least forty five (45) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publi- cation No. 400. "'=" We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be du1y honored upon presentation. ~l1hi~) , BY: '/1(. A~ Its ssistant V e President . Two Locations: P.O. Box 369,16677 Duluth AvenLJe SE, Prior Lake, MN 55372-0369 (952) 447-2101 FAX (952) 447-3337 14033 Commerce Ave NE, Prior Lake, MN 55372 www.priorlake.com .,.ri 1Wlri8 16760 Toronto Ave. Prior Lake, MN 55372 City of Prior Lake Attn: Bob Hutchins 16200 Eagle Creek Ave SE Prior Lake, MN 55372 October 29,2003 Dear Bob, This letter responds to the memo from Don Rye dated 10-27-03. I think the following should address the issues raised. 1. To address #1 see the attached letter f.vui Nelson-Rudie dated 10-28-03. 2. To address #2 they will be using 1 1/4" x 6 cadmium plated self-tapping screws to attach the EIFS to the steel siding. 3. To address #3 - The storage will be a maximum of3 crates (12 ft high). This is the limit of my Forklift and will render plenty of inside storage. The greater percentage of inside storage will be single level, cars etc. 4. I will be installing the 15 trees this fall prior to occupancy so I won't need the LOC. I would appH:;ciate your prompt attention to this very important matter. I have scheduled Olympic Wall Systems to begin the exterior work on Monday 11-3-2003. Thank you for your time and consideration. Cc Don Rye, Cynthia Kirchoff, Sam McCloud Fax # l..f-L+f) - ~S3 Date rct:>-'7 l~a8~s.l From ~~ co.~ ~ rL- Phone # if-Lr-I ~ 4 ~([) Fax # 16200 Eagle Creek Avenue S.E, Prior Lake, MN 55372-1714 Post-it'" Fax Note 7671 To ~ Co.lDept. l61cC,V'l ~ Phone # If MEMORANDUM October 27, 2003 To: Doug Nagle From: Don Rye Subject: Building Permit As we discussed on Friday, October 24, the following items are needed for us to issue the building permit. The items referred to are from the plan review letter dated September 12, 2003. 1. Number 11. East and north wall of repair garage 109: Provide a foundation wall or foundation design for frost protection. MSBC 1300.5500. 2. Number 20. Provide EIFS installation details. 3. Provide a plan for the storage configuration. In-rack sprinklers, early suppression fast response sprinklers or another approved system that meets NFP A section 231 c is required for all storage areas where the top of the pile storage is over 12 feet above the floor or grade. IFC Table 2306.2 4. Regarding the landscaping and tree inventory issue, we will accept the information you provided me on Friday. In addition, we agree to your proposal to plant 15 trees along the Highway 13 side of the building. Please provide a drawing showing the location of the trees, the species proposed and the size. The ordinance requires a letter of credit for the landscaping. Please provide a letter of credit in the amount of $5,000. The letter of credit will be released when the landscaping is in place. You indicated on Friday that item 1 above was done but not delivered to you. You were also contacting the contractor regarding number 2 and would be providing Bob a letter regarding item 3. We look forward to receiving the requested items so we can issue your permit. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 ..r. JltJ/aril 16760 Toronto Ave. Prior Lake, MN 55372 City of Prior Lake Attn: Cynthia Kirchoff 16200 Eagle Creek Ave SE Prior Lake, MN 55372 October 13,2003 Dear Cynthia, This letter responds to our recent meeting. I think the following should address the landscape issues raised. 1. The J.t. uperty consists of approximately 40% dense vegetation, of which there are thousands of trees ranging from saplings to trees in excess of 20", 2. The species observed on the property thru collection of leaves and looking at the bark are varied - Box Elder trees (30%), Cottonwood trees (20%), 2 types of Oak trees (20%), 1 type of Ash tree (10%), Poplar trees (10%), and Birch trees (10%). 3. I am looking to install 12-15 trees along Hwy 13. This is in addition to the trees currently along the Hwy. 4. I feel this will add a nice balance between what the City originally wanted and my retail requirements of visibility from the Hwy. I would appreciate your prompt attention to this very important matter. If this is agreeable to you, Don Rye, etc. Let me know and I will get a plan drawn up reflecting this sensible approach to the landscape issues Thank you for your time and consideration. I 14//./ i I IJ "ri,** 16760 Toronto Ave. Prior Lake, MN 55372 City of Prior Lake Attn: Bob Hutchins 16200 Eagle Creek Ave SE Prior Lake, MN 55372 r, OCT I 3 2003 October 13,2003 Dear Bob, This letter responds to our recent meeting in Frank Boyles office. I think the following should address the issues raised. 1. To address #11 - The referenced SID MSBC 1300. 5500 was repealed in March 2003. The new SID is MSBC 1303.1600. "Footing Depth for Frost Protection" It states "interior non bearing walls or columns may be built integral with the slab on grade for any height building". Per discussions with Eric Nelson (Structural Engineer) with Nelson-Rudde this is all that is required. Eric provided all this info. 2. To address #12 - The Retail Show floor will meet ASHRAE 62-1989.30 cfmlsq ft and the shop will meet .75 cfmlsq ft 3. To address #14 - Jodi Edwards has the prints she will do a SAC determination. This should not hold up the building permit. 4. To address #22 - The storage will be 3 crates high. This is tlJe limit of my Forklift and will render plenty of inside storage. (Lt \ LV) ~t) 5. To address Cynthia's 9-5-2003 Memo #2.c I have provided the drawing from Pope and will provide a Tree Survey by 10-14-03. We are running out of time to do the exterior work without incurring frost charges. If that occurs Polaris will pullout of the Project and set me up in Shakopee next spring. I would appreciate your prompt attention to this very important matter. Thank you for your time and consideration. .1 ~e~ cc, Frank Boyles Cynthia Kirchoff _:...,-.....~...4.._~ I ~'.. ,..... , .. ---.,,'~~. ....------..,--..;..,-.;...- ,.~-,~~-' -.... ...--- ~....._-.._.......:.- TO: FROM: DATE RE: Robert Hutchins, Building Official Jane Kansier, Planning Coordinator Cynthia Kirchoff, Planner October 2, 2003 Digger's Polaris, 16450 Anna Trail SE Upon review of revised plans submitted October 1, 2003, for the above referenced building permit, I offer the following comments: 1 . The applicant must: I provide documentation that the Conditional Use Permit was recorded at Scott County. rC~L~d IO/6/0!:; . 2. The building permit application must be revised to include the following: , b. c. ~ A certificate of survey prepared and signed by a registered land surveyor noting setbacks. A removal plan denoting the removal of any gravel surface not reconstructed with bituminous, or required to be removal as a condition of approval of the Conditional Use Permit. 1) The existing gravel parking area along the west property line shall be removed. 2) If the existing gravel parking area on the northern portion of the site is to be utilized for screened outdoor storage, it shall be surfaced with concrete or bituminous. A landscape plan incorporating conditions of approval of the Conditional Use Permit. 1) Landscaping shall be installed along Anna Trail and TH 13 to screen the parking lot as required by Section 1107.204 of the Zoning Ordinance. 2) Landscaping shall be installed to comply with minimum requirements in Section 1107.1905 of the Zoning Ordinance. A lighting plan indicating the location of fixtures and illumination levels. Thank you for the opportunity to comment on this request. /Fh~d lUj',d~~CLr'LrC{ plc~-Yl. .. _ -tYc~ u-tt..-,c vitL'y1f- ~- c-- h l Q. rc.. IJ l.-Cj> \. \....0-< CCLf\ t. t-J C(-+-- TO: Robert Hutchins, Building Official Jane Kansier, Planning Coordinator FROM: Cynthia Kirchoff, Planner DATE September 5, 2003 RE: Digger's Polaris Building Permit Application Upon review of the above referenced building permit, I offer the following comments: 1. The applicant must: a. provide documentation that the Conditional Use Permit was recorded at Scott County and b. sign and return assent form to the Planning Department. 2. The building permit application must be revised to include the following: a. A certificate of survey with all yard setbacks. b. A removal plan denoting the removal of any gravel surface not reconstructed with bituminous, or required to be removal as a condition of approval of the Conditional Use Permit. c. A landscape plan incorporating conditions of approval of the Conditional Use Permit. d. The total amount of outdoor storage. The Conditional Use Permit limits outdoor storage to 41,416 square feet. e. A north building elevation indicating materials. If you have any questions regarding these comments, please contact me. Thank you for the opportunity to comment on this request. , .; August 22,2003 Doug Nagle Digger's Polaris 16160 Toronto Avenue Prior Lake, MN 55372 RE: Conditional Use Permits for Motor Vehicle Sales and Repair 16450 Anna Trail SE; Case File No.: 03-80 Dear Mr. Nagle: This letter is to inform you that on August 18, 2003, the City of Prior Lake City Council approved a Conditional Use Permit for motor vehicle sales with 24 conditions and a Conditional Use Permit for motor vehicle repair with 5 conditions. Please note that revised plans addressing the conditions of approval must be submitted for staff approval prior to the issuance of a building permit. I have enclosed two copies of both Resolution 03-142 approving the Conditional Use Permit for motor vehicle sales and Resolution 03-143 approving the Conditional Use Permit for motor vehicle repair. One copy of the Resolutions must be recorded at Scott County within 60 days of the City Council's approval and the second copy is for your records. I have also enclosed an assent form that must be signed returned to my attention prior to the issuance of a building permit. If you have any questions, please feel free to contact me at (952) 447-9813. Sincerely, 6-'i+ " ; "re' '. .....-::(!t:' .,1 - J . + l-__..3._. - , ( C .'" Cynthia'R. Kirch, P ) Planner Enclosures c: ORC Members JMS Homes 16200 Eagle Creek Ave, S.E" Prior Lake. Minnesota 55372-1714 / Ph, (952) 447-4230 / Fax (952) 447-4245 Ai'i EQUAL OPPORTUNITY E1vlPLOYER ill' \! o~ ~~ Minnesota Department of Transportation r, .1 I Metropolitan Division Waters Edge 1500 West County Road 82 Roseville, MN 55113 , \ ,~ ,~J< HJ; 2 0 ZlB ! \ \ \.1L----. -... , I ~ v- __._.1 '\ --.,-. ._--,.,--. August 18, 2003 'f;~r "" tM-"\J Cynthia Kirchoff City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 SUBJECT: Digger's Polaris, MnlDOT Review #S03-038 NW Quad of TH 13 and Anna Trail SE ' Prior Lake, Scott County Control Section 7001 Dear Ms. Kirchoff: Thank you for the opportunity to review the above referenced site plan. We understand that there is not a change of use for this business only that the business will be adding the sale of Polaris items to their business. In addition, there are no new buildings or parking lots planned for the site. Currently the site has an access to TH 13. The location ofthis access has substandard sight distance due to the horizontal curve on TH 13. MnlDOT strongly recommends to the city that this access be closed. Anna Trail could reasonably and conveniently serve all of the access to this site. In the event that this site has any new parking lots or buildings planned MnlDOT will need to review the plans for drainage impacts to TH 13. Any work on Mn/DOT right of way requires a permit. MnlDOT also requires a new access permit when a site has a change of use. As a reminder, please address all initial future correspondence for development activity such as plats and site plans to: Paul Czech Mn/DOT - Metro Division Waters Edge 1500 West County Road B-2 Roseville, Minnesota 55113 MnlDOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a plat and/or two (2) copies of other review documents will make a submittal incomplete and delay MnlDOT's review and response to development An equal opportunity employer proposals. We appreciate your anticipated cooperation in providing the necessary number of copies, as this will prevent us from having to delay and/or return incomplete submittals. If you have any questions concerning this review please feel free to contact me at (651) 582-1378 Sincerely, Brigid Gombold Senior Transportation Planner Copy: Brad Larson / Scott County Engineer Ann Braden / Metropolitan Council Mn/DOT LGL Prior Lake Mn/DOT Division File CS 7001 August 13,2003 Doug Nagle Digger's Polaris 16160 Toronto Avenue Prior Lake, MN 55372 Faxed to Dean Williamson at 829-3481 and Steve Dowdy at 651-642-1101 Attached is a City Council Agenda and Staff Report for the August 18, 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\meetfrcc.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~....,........~,.,,~..._....,...,-,,-...,-__~..~.~.....o<toiL.~.._...J~_ ""'.~,~ ,_.....4-...-'................................'"'".""~:.-:........... Ada3 ];~~ Doug Nagle Digger's Polaris 16160 Toronto Avenue Prior Lake, MN 55372 RE: Conditional Use Permit for Motor Vehicle Sales and Service 16450 Anna Trail SE; Case File No.: 03-80 Dear Mr. Nagle: On July 7, 2003, the City of Prior Lake received the above referenced development review application. This letter serves as your official notification that the application is complete. The Development Review Committee (DRC) will now begin formal review of this request. At this time, you are tentatively scheduled for the July 28, 2003, Planning Commission meeting. I will notify you of any changes to that date. The City review process can be substantially less than 120 days, and we intend to move this matter through the process in a timely manner that provides a complete, professional review. Occasionally, however, due to meeting schedules, it is sometimes necessary to extend the 60-day review period. This letter also serves as your official notice that the City is extending the 60-day deadline for an additional 60 days from September 6, 2003, to November 5, 2003. If you have questions relative to the review process or related issues, please contact me directly at (952) 447-9813. Sincerely, , ~::e ~0Y Litr-k-cL' vZ;' \ Cynthia R. Kirchoff~ AI Planner C: DRC Members JMS Homes 16200 Eagle Creek Ave, S.E" Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER / ._..... 11_' ,-..-" ........ "RJ,//lI-ol/\\ " July 23, 2003 Doug Nagle Digger's Polaris 16160 Toronto Avenue Prior Lake, MN 55372 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the July 28, 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 MEMORANDUM TO: Jane Kansier, Planning Coordinator FROM: Cynthia Kirchoff, Planner DATE: RE March 19,2004 Digger's Polaris, 14950 Anna Trail On March 19, 2004, Bob Hutchins, Larry Poppler, Paul Baumgartner, and myself, meet with Doug Nagle, of Digger's Polaris, to discuss the outstanding items that must be addressed prior to the issuance of a temporary certificate of occupancy (TCO) for the above referenced address. I n order for the Planning Department to authorize the issuance of a TCO on April 1, 2004, a letter of credit (LOC) will be required for the following items: 1 . Relocation of existing accessory structure to meet required 20 foot side yard setback; a separate building permit will be required. 2. Paint on north and west elevations of the principal building. 3. Parking lot lighting. 4. Installation and cost of 15 trees. 11/11/2016 00:48 FAX ~002 I ,,,,. "11111 16reo Toronto Ave. Prior LaJ(e, Mill 55372 I Ci~ of Prior Lake AttD: C}'nthia Kirchoff I 16200 Eagle Creek Ave SE Pribr Lake, MN 55372 M~ch 16,2003 I I De~ Cynthia, nlletter is in regard to my conditional use pennit The ~UJ:" st3tes that the outbuilding on the si~ must meet side yard setback of 20ft or be removed We are going to modifY the building to meet the setback, as it is pole shed constructi~ which will allow for removal in sections. I In kgotiations with the CWTent owner the 5000 sq ft was 20% of the inside storage. This sto~ is needed to meet the cash flow requirements to make the site viable. The landlord has $10~000 in en escrow account to facilitate the modification of this building to meet the reqyirements of the CUP. I i The purpose of this letter is to request that we be allowed an extension for the building modifications 00615-15-04. We also need a weather extension for the parking lot lights. That will allow time for the frost to leave the ground and not hold up our temporary occupancy. We nee~ the TO permit by 4-1-04. I sIfY~U would like I can provide a letter from the landlord stating that the escrow is in place. ~ you for your time and consideration. Glacier Page I of 1 Jane Kansier From: Frank Boyles Sent: Wednesday, January 28, 2004 3:46 PM To: Andrea Blomberg; Chad LeMair; Jack Haugen; Jim Petersen; Joe Zieska Cc: Don Rye; John Sullivan; Bud Osmundson; Jane Kansier Subject: DIGGER'S WORLD CLASS POLARIS I DAVE CHROMYI BODERMAN Here is a short update: DIGGERS Doug wants to be in the building by February 15. We are anxious for this to happen. However he has an incredible amount of work left to do. Little progress has been made in the last month. I suspect this is because of money and time constraints. Heat, AC, electrical and plumbing are not done and in most cases not started. We are providing Doug with a list of key completion items to avoid surprises. We did the same on December 5, 2003 but little progress has been made from that list. DAVE CHROMY Dave says that he and Bealmake have an agreement in principle for leasing the building. They need some cost estimates from their consultants and then they can proceed. Bernie Paul plans on traveling out here in the next few weeks to negotiate the final agreement. Bernie will be asking for money from the city. I asked him to put together a brief letter stating what he needs and why. BODERMAN Suesan's office has completed and is reviewing a draft settlement agreement. We hope to have it out to Boderman and his attorney today. Frank Frank Boyles City Manager CITY OF PRIOR LAKE 16200 Eagle Creek Ave. SE Prior Lake, MN 55372 Direct Dial: (952) 447-9801 Fax: (952) 447-4245 2/11/2004 APPLICArl'IO~S & APPLICA'l'lO~ ~Arl'bRIALS L:\TEMPLA TE\FILEINFO.DOC Planning Case File No. (K--~ Property Identification No. "":U-"';"~Od. - ()?1~--D r:;. --- .------ :: "(..:. 1;- Ii [',' \/. City of Prior Lake I: U! ZONING/LAND USE APPLICATION!r\ JI..-lam ~, 'Jtl -----P- -___J;:: Brief descriptio~ of propQS.ed prDj~~j "__ ___ I Type of Application (Please describe the proposed amendment, project, or variance request. Attach additional sheets if necessary), o Amendment to Zoning Map o Amendment to Zoning Ordinance Text o Amendment to Comprehensive Plan Land Use Map [gJ Conditional Use Permit o Variance o Planned Unit Development o Senior Care Overlay District o Home Occupation o Amendment or Modification to approved CUP or PUD o Other ~~IlV~'Ht~ ~~~. 5-e.rwlC.e... Applicant: Address: Telephone: ~~ ~,,~ - ":t)i"'-BtIoS PD"".rz.I~ ",'''0 ~ ~c.. Pn1~ ~E HtJ ~C'37' q~2.MO.. ~ (home) (work) QS2 .~O.. .~~3 (fax) Property Owners (if different than applicant): ...J H$ t"fz:)wt e.S Address: &0 W. 78"",, ~-r: c..~~~ Telephone: 'fS'2. -q c..{q .. '0" '3t> (home) Type of Ownership: .m Fee M~ (work) D Contract for Deed '5"'$""3 \ 7 or S"Z . df \.{q .. '3730 (fax) D Purchase Agreement Legal Description of Property (Attach additional sheets if necessary): .. ~~e tf>. \,~ '5VVW&<-t Ilp~ /\rlnc..v I ~ ~ ADDITIONAL PROJECT INFORMA nON (Required for PUD, CUP andSC Overlay District applications) Will the developers request financial assistance from the City? DYes X1 No If yes, please describe the amount and type of assistance requested (attach additionaLpages if necessary). Will anyone other thantheapplicantbeinvolved in the . ownership, development & management of this project? DYes (If yes, please attach a list of the names and the role of all persons involved in the project.) ~ No 1:\handouts\2001 handouts\zoning\zoning app.doc ~ CONDITIONAL USE PERMIT APPLICATION CHECKLIST I 'DlE*Srz. c; ~s -.N/A , , OWN~~ PrOlCf\lf'.. ~~~+-\ eo. , PROJECT NAME: , DEVELOPER: Jl. -1. ---l0i For City Use Only A complete Zoning/Land Use Application form, signed by the applicant and the fee owner of the property. ~ The name, ad?res~. and telephone ~umber of the owner, the owner's agent, the apphcant:surveyor and designer of the project. {3\ A radius map and a list and 2 sets of labels of the names and addresses V of the owners of property located within 350' of the subject site. These shall be obtained from and certified by an abstract company. ~ The required filing fee of $350.00. 'DAny .n~cessary applic~tions fo~ zone changes and/or variances from the provIsions of the ZOning Ordinance, along with the required fees and _ submittal information for those applications. <~) A complete legal description of the property, and a location map showing the location of the proposed development in the City. (:t> Ten (10) full-scale copies of the preliminary plat and supporting data and , one 11 "X 17" reduction of each sheet. ' N~~ '~t.ert','Tl'O 9'1 - Dt'6mS ~~ - vM)~ ~~',c:. C~. Po, l-~ t-J/p. -S UIf;lJ f., 'I J 4D I'TE \O~.,c.., /JI , ,.-<+tti"Q Site conditions and existing development on the subject property and ~ CHIN ~ , ~\ft.. 'fI'F'cN. A , immediately adjacent properties. 1 (~The proposed use of all areas of the site. 1......-/ 3. Th pr ose nsity, .....Id I~n of ~ dW.Alling units, if ellin s are osed, 1./""'~~"~-"\;:.T" 10 The general size, location and use of any proposed nonresidential buildings on the site. ~5.) All public streets, entrance and exist drives, and walkway locations. \ -r;) Parking areas ti.) Landscaped areas z~,,'''.'V'rareas. 8. a an pen pac ~ ~ Site dimensions I ,~) Generalized drainage and utility plans. 11. Any other information the City may request to determine whether the proposed project meets the requirements of this subsection, 1. '.........roposeo oensllit::::;, ell nj YI UUII\:Htvvl cu "c:;.::.. ( r 2~ )Acreage or square footage of individual land uses on the site. (~ All proposed modifications of the district regulations being requested. (!) Generalized phasing plan for the project, including the geographical sequence of construction and the number of dwelling units or square footage of nonresidential property to be contracted in each phase. ~A tree preservation and replacement plan, as required by Section 1107.2100 of the Zoning Code. G.) A lighting plan as required by Section 1107.1800 of the Zoning Code. (3) A signage plan as required by Section 1107.400 of the Zoning Code. 4. If applicable, a preliminary plat or other subdivision applications. ~mr ~ ,... \ ~ p~ A,2. -5f111.. p~~ ~ \ , \ " 't ~~, ~ m. p~ p" f'J /A C~~-r, \ '" t:#W'W\Ul' ~ \W\W'e1)'~"'I ~ ~rr ~'lIw. ~ r'fIl.. pltPt'N ~, ~rrL f'~""\ ~~ p~ A-a.. 2 JMS ,'to r ~ \" ~\~ It, ~ ,,<, ,<\ ... ~ c" ~\.. JMS Group "Experience the Difference" '.;.t ..J , f> 80 West 78th Street, Suite 133 Chanhassen, MN 55317 Office 952-949-3630 Fax 952-949-3730 1-800- 793- 2934 ,,'j' \ '~"'J -./ r":"> \... July 2, 2003 City of Prior Lake Planning Commission 16200 Eagle Creek Avenue SE Prior Lake, MN Re: Conditional Use Permit Owner Authorization To Whom It May Concern: Digger's Polaris has received authorization by Larch, LLC (the "Owner") to submit an application to obtain a Conditional Use Permit for the property located at 16450 Anna Trail SE in Prior Lake, MN If you have any questions, please feel free to call us at (952) 949-3630. Sin~ C?_ Jeffrey M. Schoenwetterl (SIf> Larch, LLC JMS Equities, Inc. I JMS Homes, Inc. I Prime Real Estate Services, Ltd. I JMS Development Corporation Insignia Development LLC I E-Mail: www.jmshomes@aol.com I Web Page: www.jms-homes.com 1/17/2883 81:35 65168597111 o-u: K SGRAM PAGE 81/04 . Capital Assistance Grant Application DeaJership name: ~_ '. Polaris Deala' Principle: Dous NasJe Dealerauml....~ 27336 ~a- &U'->>~ 16760 TOl'OIltD Ave; Prior}.ate, MN 55372 Dealer Phone: 1-952-440-8845 Dealer home CO\UIly: Scott Dealer MSA: Dakota, Scott Counties J ~ 8rp0AS0D: Tcny Obrien. CbJd ~ Pai~c Wittman Histery of tile DealenIdp if. of years as a Polaris dealer: 6 Yra. 0... .."....d the doors in 0.:. of 1997 # of years as a Pow,,,,..~ ....~ dealer: 6 YD. Products aaried: ATV, Snowmobile, PWC and Ranger. Would like to '-'UI' J boats and VICtory in the ~. Sm,le or Multi-line: SiD$le Line Dealer' Other Manufacturen .......~ed: Stib1 LE,WIl and GanIm Equipment % of business that is Polaris: 90% s...,...., of Project What Impro\ '''lU.ll'w&i.~xpansion is being made? The d.ealeris renovating an existins del lumber J-J. buildina across the d......;~ from his present loraOll. '"Vhen fiDiabed, this faAlity will be one of our SI.:,w ~.,\r~~. w slated for tJe twin cities (Phms me sepa~ and included. The salet~...;..: will be 6000 sq feet. The shop will be 2000 sq feet. The parts room will be 1 Soo sq it There win also be 15,000 sq feet for storage oflJOa1S, snowmobiles., and PWC. A test track will be built along with f' detail shop for trucks, PWC, snowmobile! ATVe and~. Total a......... ofland is 8.2 ac:es.. 1/11/2893 91:35 &51&8597111 a.u~ K SCl-RAM PME. 82/84 What is the project time .line' Dealer would like to be in by late September to \,~:y Octobe.t~ Dealer is 'wo.rkina with an. azdUfa:t . this time. That architect is Pope Associates. The ~t is Stev ~ Duupt, _ ~ ia a prin...~~. Phone -;;. 65i-642-9200 Fax # 651-642-1101 Cell # 612-308-5718 Emai1: sdoughty@popearch.\........uu. Project Cost Entire cost ofd1e Project: BuiJdil\g Cost: 1.5 million. Dealer leasing for two Ytat'$ and buying at the end of lease. Land Cost: Included in 1.5 million. How is the project beiog finan~? Will acquire bank loan to buy the bui ding with 150,000-300,000 down ~ at.~ end ~ lease Daiocl. ~er.will be payina for aU n=.uowuons ofbulldiDg with cab 80d -';Pital8lSistance program ~ Polaris. The lease \\-ill be $3000.00 I nonth more that :'~{er is pa;ina ~ 1billUme. ~ ~ o~~, SDOfVDlObiies and PWC will on. the extra tent With $10,000 1eJ.t over *,..&.~... profit. R.eqtaett.froaa Polaris (This is where the materiala request ow ..olr wf.eo Barb puts it wgcthet) Materiai donation (List each iteul- t'ixtxua, *" "', '~n& slat VIall, sign.age, and anticipated value) Carrellt NDID"'" ATV KGR S-+ IPWC . Vieto!lJ PoJaril Retail 255 27 7' 10 NA ! UDiCs auZ): Dealer Retail 46% 125% ......... 54% 'NA GI'OWtta (%): 1-31.}. CouJlty RebtiJ t 39-.4 I MIA , 300% J , I 1/17/2883 81:35 65168597111 CHJIK SCJ.RAM PAGE 83/84 I GrowtIl (%): I I I P...... M:.rir.et %5"- N/A. 14" 19" NlA SMre (%): ' , Polaris MIS 3% N/A >11 16% N/A eN... tt. (%): C&A Revaa.. l06,8l 24655 11 1 548 NfA (.R12) 5 I 1 r GaA $Iaait: ...1.... '1114 14".7 273.45 N/A . r GIeA a..._ 51% .254% trKI 38% N/A Gro...o.. (%): Exl'Mded RetIa,. In~ental... ofunits over 3 V,!1J1'8 A __ to: f 320 % of G&A sales m....A -...ses Agn,ed to- J 4G% How is it promoting the Polaris brand? rna."'A~ will have a state ofth. art DeW PolBris builctiDg. 95% of the sales floor will be Polaris branded. There win be ~ L..,....d new sip alOftg the tOad. that stands about 20 ft high. This building i located.o.n heavily traveJed highway 13 in Prior Lake. The building wil a1so have signage OJ! it. The inside will be displayed. with action displa that include manniq\1eins. llnits set up in thought riA'" roking settings, and th wan. will include all the latest clothing and accessories. All units will be · and priced out on the floor. When customers walk through the d they will say~ "Wow, Polaris sure knows how to attract customem. Po1ari does it right." There will be two new huge display windows put in the "fding facing each ditection of highway 13. All....,....ple dri\ring by will be Ie to see the sales.... What an attraction it will be. Rationale for inl4l~ental % m...",~ in lIftit. Prior Lake is located in Scott. County. Scott :ounly is one of the iastest growing a.teas in the twin cities. Why? Prior Lake is located Oft one of the ni~t Jakes in M'ittnesota. Prior Lab is alJ'eIdy a tJ\,~0Jl spot. In addition, Prior Lake is in close 1''' ..;.IJmity to dystic Lake Casino and Can-"ury Downs Race track. TheseS destination spotS that people vieit. Being so close to Mystic Lake,. receives a gR8t deal of business t,. I"~ J. the Indian tribe ofMy$ie . Please lee aU8cbcd eensus report on Prior Lake. Not only does Digers :!'erviec Scott C...,~l.b thc:y 1/17/2883 81:35 65169597111 CH.d: sa-RAM service Dakota County 88 wen.. With the I~ of Ride Sp,,,.~, a Pol8risIHonda who was only 8 miles away, )iggen as benefited. it...w.- ~..e ios..~. Otbel- COUDties ccn IC.......J by Diggers ~. ude~ IIennepbi and. avme of Anoka. RSMJDSM Na~: Please describe ~j~~h or m.ote) how will impect the market and. why this is . good investment for Polaris. lease include the foDowina: is it a Top 3 madc.et, market study win this cannibalize anoth<<r dealers retail, if yes then who and how ~ units, de) Digger~s Polaris bas been in business for 6 ~ now, and is growing at a '1..w.w.endout ,,,:~,.;. An ex.....uyle ofb is as fctlows: In 1999 Di.wt..J sold 173 total units. In 2002, Dises-~ sold 304 units.. :bis is a 75% m...."'I...!e. SO far in 2003, I?igers bas sold 189 ~ts. A~ this. Di~'-4~ ist,,,j~ out ~ 324 umts. In my PG&A t.......ll~...IlJ, Diggers 1 my 2 L .,. ....,.. dealer m 200.) and was my 4* 1UitolSoIo.k dealer in 2002. In . ~e goods, OJ.en is the tbinl largest dealer in 2003 for Temtot}' 31 and the 4. largest in 2002 for t.....:tozy31. Digger'sPolal'is goal is to e thela.6w,i dealer in the twin Git;y market. The twin city is in PoI8ris:Ps top IS cities. Digers is building the busineuat a consi~L....J. pace while .... .Ilq )fOiifB as well. Diggers overall ~~1 Score is 90. They are maiuul\i. a gre.t CSI score while growing their sales and profits. DescriptioB of pIlotw; Photos needecI: ~ Show as D1\1Ch of outdoor 88 pos Ese inc1udina, fiout. sides of building display .l"~" siBW'ge, P8Ikin& lot, Inside;: a couple of iDterior shots that sh.ow majority of wUfs, floors, counter&, service k~, ..:. If new location: Take pictures of the land an I dacribe location. Appnmd .. date (RSM) Apprha.A d.- (DSM) PAa: 8411:74 03/18/2016 07:00 FAX I4l 001 Digger's Polaris Fax Transmittal Sheet To: (;~ t{il.l f\ (I (l0.~ioff Company: C\T~ ()p~ca- ~ Fax #: C1 ~ 2 - L!{1- L'l45 Date: ,- 2'3-()~ Comments: ("'\ l...;,"_ 'TD T() 11{ L OA-U- ~b~ i) Lf/1TfJ'L pO(l., VQ1&L (4&l~P0t!U _ ~LV\l-l)' CU~j..,ftrMlJV( (A-~ll JIf\J ~~ 1) W_:'(D ~ (ft1tJF: . ~ Q~,ST7~N5 tJa-. ('oi\ll~, . Number of copies including cover: From: Digger's Polaris 16760 Toronto Avenue Prior Lake, MN 55372 phone: (952)-440-8845 fax: (952)-440-8953 03/18/2016 07:00 FAX 141002 PDLARIS@ The Way Out. To Whom It May Concern: From: Charles Schram, Polaris DSM Date: July 23, 2003 Doug Nagle from Digger's Polaris is worldng on renovating the Lumber Yard in Prior Lake. Polaris is helping Doug with the plans of his location. When done, Doug and Polaris want his Polaris store to be a world class operation. This building will enhance the business image that the City of Prior Lake strives for. As with Prior Lake's commitment to the enhancement of its community, Polaris is dedicated to helping their Polaris Dealers enhance their visibility and public brand awareness. C)uA JJvt~ :/ -<' / / [II -i FRAUENSHUH COMPANIES 7101 West 78th Street, Suite 100, Bloomington, M:.~,""~ta 55439 Dean M. Williamson, CCIM q~ Direct Line: QM':829.3472 Fax: 612.829.3481 C~z..~ dean. williamson@fcmpls.com . o~ PR10 €mE ~ CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE, MN 55372 (952) 447-4230, FAX (952) 447-4245 RECEIPT # 45007 DATE:~ 11 [)3 Receivedot ~~1J,'5~j- ~~i ~~ thesumot~J.~~ *ttl1t1>[uv for the purpose of dollars / (l~_, -gy .L ~()?,- ~C) c1'U-~~ Invoice # $ 5s'D\~ bL-.U - Cu VDn Receipt Clerk for the City/of Prior Lake o Merchandising Fixtures o o www.polarisdealers.com Section 3 . PDLRRIS. ... ~ ~.:= III III ..J ... Co) Gl ... ... Gl 0'" ... III (1)3: "0 . Gl :!: 't'o C C Gl(l) E . ~~ Gl a: Exterior o Merchandising Fixtures 1."- Big, bright outdoor signage is the way most customers will find your dealership, These illuminated letters deliver a good logo opportunity for your store name. This illuminated sign offers a contemporary brand message in 3-D letters that enhances your store image and increases street presence, ,/;ft' Custom Channel Letter Signs ,/;ft' Polaris Illuminated Channel Letter Sign Call Ed Connolly at Everbrite (414)427-2325 fOf a quote. Sizes range from 1S"H x 17'6"W to 36"H x 35'W Call Ed Connolly at Everbrite (4141427-2325 for a quote. Single.faced wall mount $1.171.00 us $1.859.20 CAN Double faced center pole mount $1,472.00 us $2,337.00 CAN I I. ..:_1... Victory outdoor signage says exactly what business you're in and is easily seen by passing traffic.This illuminated sign is available as a single-face or pole-mounted sign, 2830955 ,t:ft' Victory Illuminated Sign 5'H x BW o Durable, 2-sided fabric 2'W x S'H banners draw customers to your store. Sturdy mounting hardware is available. ~ POLRR'S ,t:)I' Boulevard Banner (set of four) $58.00 us $92.10 CAN Big, bright outdoor signage is the way most customers will find your dealership. Illumination at night is a 'must: even after your store is closed. ,t:)I. Illuminated Cabinet Sign Sizes range from 2'H x g'W to 5'H x 13W Call Ed Connolly at Everbrite (414)427-2325 for a quote. c .c~. This product qualifies for capital assistance. With your initial RPM order of $500 or more you will receive the following items at no charge: . Financial Services POS Materials . Pure Polaris packaging samples for repaCkaging product. www.polarisdealers.com .Prices subject to change Section 4 . POLARIS' 03- aD . mr Resolution and ~inutes 1~JY?()3 pe ~ tf -I !{ - o?:> tt 1A..l'~ . L\TEMPLA TE\FILEINFO.DOC Planning Commission Meeting July 28,2003 Stamson questioned if the proposed building is replacing the existing building. Wolf explained it would and the process. The building will be larger. The building was built in the mid-50's and falling apart. It is designed for storage of the equipment. Criego asked where the entrance would be. Wolf said it would be on the south side. There will be no fencing but the door will be secured. Wolf explained the need for 2 doors. There was no public comment and the hearing was closed at 7:38 p.m. Comments from the Commissioners: Lemke: . We need to make sure there is an adequate supply of electricity to the City. . Not quite sure from the presentation why it's necessary for the large building. It is 6 times the size. Overall, it does not seem to be a problem at this site. . Does not share the security concerns. Ringstad: . Agreed - There are existing exception conditions with respect to the property. . Approve the request. Criego: . Agreed with staff. Stamson: . Concurred. The applicant has demonstrated this is necessary for providing the use that is there. It is not strictly convenience, it is critical to the community. . Support staff s recommendation to approve. MOTION BY RINGSTAD, SECOND BY CRIEGO, ADOPTING RESOLUTION 03- 09PC GRANTING A 7 FOOT VARIANCE FROM THE REQUIRED 25 FRONT YARD SETBACK FOR THE CONSTRUCTION OF A CONTROL BUILDING. Vote taken indicated ayes by all. MOTION CARRIED. Stamson explained the appeal process. D. #03-80 Digger's Polaris is requesting a conditional use permit to conduct motor vehicle sales and service on property zoned C-4 for the property located at 16450 Anna Trail SEe Planner Cynthia Kirchoff presented the Planning Report dated July 28,2003, on file in the office ofthe City Planning Department. L:\03 Files\03 Planning Comm\03pcMinutes\MN072803.doc 8 Planning Commission Meeting July 28,2003 Doug Nagle, of Digger's Polaris, is requesting Conditional Use Permits (CUPs) to conduct (1) motor vehicle sales and (2) motor vehicle service and repair on property located at 16450 Anna Trail SE for a Polaris dealership. The property is zoned C-4 (General Business) and is guided C-CC (Community Retail Shopping) on the Comprehensive Land Use Plan Map. Motor vehicle sales and motor vehicle repair are separate conditional uses in the C-4 zoning district. Since this is a redevelopment of site previously used for lumber sales, there are numerous issues associated with the site plan that must be resolved a condition ofthe Conditional Use Permit. These include architectural materials, accessory structure side yard setback, gravel storage area, landscapinglbuffering, and fencing. Staff has recommended conditions of approval to cure the nonconformities present on the site. The staff recommended with the following conditions for the motor vehicle sales: 1. A certificate of survey prepared and signed by a registered land surveyor shall be submitted. 2. Exterior materials of all buildings on the site shall comply with Section 1107.220 of the Zoning Ordinance. 3. If the existing gravel parking area on the northern portion of the site is to be utilized for screened outdoor storage, it shall be surfaced with concrete or bituminous. 4. The detached accessory structure shall either be relocated to comply with the 20 foot required side yard setback or removed from the site. 5. Landscaping shall be installed along Anna Trail and TH 13 to screen the parking lot as required by Section 1107.204 of the Zoning Ordinance. 6. Existing gravel parking area along the west property line shall be removed. 7. The outdoor storage area shall be 100 feet from the west and north property lines. Therefore, bituminous or gravel surface that does not meet this setback shall be removed. 8. Landscaping shall be installed to comply with minimum requirements in Section 1107.1905 of the Zoning Ordinance. 9. Storm water ponding shall be provided on the site ifthe impervious surface of the site is increased or if more than 10,000 square feet of the site is disturbed. 10. A fire hydrant shall be installed north of the existing principal structure. Issues identified by the Building Official in the memorandum dated July 11,2003, shall be addressed in the revised site plan and building permit application as required. 11. Civil plans shall be prepared by a registered civil engineer locating storm water ponding and the extension of a water main for the new fire hydrant. 12. Outdoor storage shall be placed on a bituminous surface and shall be limited to 41,416 square feet in area. 13. No outdoor storage of vehicles or equipment shall be located outside of the designated, fenced storage area. 14. No previously registered but currently unlicensed or non-operable vehicles shall be stored on premises. L:\03 Files\03 Planning Comm\03pcMinutes\MN072803,doc 9 Planning Commission Meeting July 28, 2003 15. 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. 16. String lighting shall be prohibited. 17. Test driving shall be prohibited on any street in an "R" use District. 18. All customer and employee parking shall be clearly designated and signed. 19. No outdoor public address system shall be permitted. 20. No motor vehicle transport loading or unloading shall be permitted on any minor residential street. 21. No display or storage of motor vehicles shall be permitted on any public right-of- way. 22. All conditions listed in Section 1102.1203 (2) of the Zoning Ordinance shall be met. The staff recommends approval for the motor vehicle repair with the following conditions: 1. No public address system shall be audible from any property located in an "R" Use District. 2. All repair, assembly, disassembly and maintenance of vehicles shall be inside a closed building except tire inflation, changing wipers or adding oil. 3. Hours of operation shall be limited to 6:00am to 10:0Opm, unless the service doors to the facility remain closed at all times. 4. All conditions listed in Section 1102.1203 (3) ofthe Zoning Ordinance shall be met. Add a 23 condition to submit a lighting plan. Questions from the Commissioners: Stamson questioned the exterior building materials complying with the zoning ordinance. Kirchoff said the applicant would have to comply with the Class I building materials. Criego - There are two pieces of property, the north is wooded, what happens to the wooded area if approved? Could they add their sales area into it? Kirchoff said the CUP would be attached to the site plan. The City does have a tree preservation ordinance and any removal of trees on the site would have to be reviewed. If the applicant adds impervious surface a ponding issue could be triggered. The issue is noted in the staff report. Rye said it would also trigger an amendment to the Conditional Use Permit. Stamson - What if the applicant wants to add trails in the wooded area? Kirchoff said the CUP would have to be amended as that type of use was not part of the site plan. Comments from the public: L:\03 Files\03 Planning Comm\03pcMinutes\MN072803,doc 10 Planning Commission Meeting July 28, 2003 Steve Dody, Pope Associates Architectural Services representing Digger's Polaris, said the exterior materials will be stucco. In response to Condition #3 regarding paving - Diggers has no plans to change the site. Condition #4 regarding the detached accessory structure - there is a discrepancy in two surveys showing on one that the structure's overhang is on the adjoining lot. The recent survey does not indicate any encroachment. They will submit the landscape plan and agree to the hydrant as well as the lighting plan requirements. Lemke - If the survey shows the accessory structure overhanging the property, will the structure be removed? Dody responded they would remove it. There were no comments and the public hearing closed at 7:55 p.m. Comments from the Commissioners: Criego: . Agreed with staff and the conditions. Lemke: . Concurred. This will be a welcome addition. . Support staff s recommendations. Ringstad: . With the proposed conditions the aesthetic conditions will be improved. . Agreed with Commissioners to support with the conditions. Stamson: . Agreed with Commissioners and staff. . Support. MOTION BY RINGSTAD, SECOND BY LEMKE, TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES ON PROPERTY LOCATED AT 16450 ANNA TRAIL SE WITH THE 23 CONDITIONS. Vote taken indicated ayes by all. MOTION CARRIED. MOTION BY RINGSTAD, SECOND BY LEMKE, TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE REPAIR ON PROPERTY LOCAu:'..lJ AT 16450 ANNA TRAIL SE WITH THE 4 CONDITIONS. Vote taken indicated ayes by all. MOTION CARRIED. This matter will go before the City Council on August 18,2003. Recess was called at 7:55 p.m. The meeting reconvened at 8:05 p.m. L:\03 Files\03 Planning Comm\03pcMinutes\MN072803,doc 11 , City Council Meeting Minutes August 18, 2003 Hauaen: Would like to be reasonably accommodating, but given the potential to bring decks or additions closer to the lake, he could not support the amendment. LeMalr. Commented that emotionally, he empathized with the property owner and would Uke to help, but cannot support the amendment given its impact to move larger structures closer to the lake. MOTION BY BLOMBERG, SECOND BY , TO APPROVE ORDINANCE 03.XXAMENDING THE ZONING ORDINANCE RELATING TO LOTS SEPARATED FROM THE LAKESHORE BY PRIVATE COMMON OPEN SPACE. WITHOUT A SECOND TO THE MOTION, THE AMENDMENT FAILED. Blomberq: Asked that since a variance has been turned down in the past, is it likely that a variance process would yield any different outcome for this property owner. Pace: Advised that it is not likely at this time. Zleska: Empathized with the homeowner, but an ordinance applies on a much larger scale and can have a greater impact on the community than just this particular property. '/ NEW BUSINESS ' Consider Approval of (1) a Resolution Approving. CondltIonll Use Permit to Allow Motor Vehicle Sales, Ind (2) I Ruolutlon Approving I Conditional Use Permit to Allow Motor Vehicle Repair on Property Loclted at 16450 Annl Trail SE. Kansier: Reviewed the agenda item in connection with the staff report, LeMalr: Asked why test tracks would be prohibited, and if Diggers was purchasing the property. Kansler: Advised that there was concem about noise impacts upon the residential area. She understood that the property would be leased. Z1eska: Asked if the Boy Scouts will still have a home for their Xmas tree sales. Doua Naael (owner of Digger's Polaris): Confirmed. Hauaen: Asked if not allowing test tracks poses any concem for the viability of the business operations. Naael: Commented that there are no plans for a test track through any of the trees or landscape areas. He does not see any problem with just running the brief tests on the current asphalt. Blombera: Asked if the hours are outside general business hours. Naael: No. Blomberq: Glad to see the CH Carpenter site being used and redeveloped. Wished the owner tuck. Hauaen: Also complimented the owner on his efforts. . 4 - City Council Meeting Minutes August 18, 2003 MY!l: Advised that Polaris wanted him to relocate outside of Prior Lake, but he has convinced them he can do what they want at this site. This win be a regional concept store, similar to operations like the Harley Davidson stores. Hauaen: Asked the requirement for fencing, and what the ownership arrangement for the building is. Kansler: Advised that aestheticaUy the fence materials need to be decorative or wood fencing. Chain link fencing would not be permitted. N!5I!l: Advised that any storage or stacking or materials would take place on the rear side of the building not visible from the road. An 8-foot cedar fence is likely along TH13. The deal is for a 7-year lease with an option to buyout after 2 years. Hauaen: Suggested adding language in the resolution clarifying the fencing conditions. MOTION BY LEMAIR, SECOND BY ZIESKA, TO APPROVE RESOLUTION 03-142 APPROVING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE SALES ON PROPERTY LOCATED AT 16450 ANNA TRAIL SE. VOTE: Ayes by Haugen, Blomberg, Zieska and LeMair, the motion carried. MOTION BY BLOMBERG, SECOND BY LEMA1R, TO APPROVE RESOLUTION 03.143 APPROVING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE REPAIR ON PROPERTY LOCATED AT 16450 ANNA TRAIL SE. VOTE: Ayes by Haugen, Blomberg, Zieska and LeMair, the motion carried. Comlder Approval of a Resolution Denying an Amendment to the Comprehensive Plan for the Property Located on the South Side of CSAH 42 and West of County Road 83 {Case FIle #03-77). Kansler: Reviewed the agenda Item in connection with the staff report. Blomberq: Asked if staff would agree that commercial buildings cannot be put on this site. Kansler: Advised that because of the topography of the site, any type of development will be challenging. Z1eska: Commented that until the City completes its study on viable commercial properties within the City, he would rather err on the side of caution and leave the current designation. LeMalr: Asked what type of uses fall in the Hospitality-General Business designation. Kansler: Advised that this is the City's most intensive commercial designation. Uses from hotels to restaurants or general retaH are permitted. LeMalr: Agreed with COuncilmember Zieska in that if a change is ultimately necessary, at this point it is premature. Hauaen: Believed that changing the current designation is contrary to the City's 2020 Vision to promote the commercial viability of the City. Blomberq: Agreed with the comments of the Council members. . 5 .--- ASSENT OF APPLICANT Ie As Approved by Resolutions #03.142 and #03.143 The undersigned hereby assents to the following: 1. I have read the conclusions and conditions of said Resolution, and I am familiar with their contents and with the content of the exhibits. 2. I fully accept all of the terms and conditions of said Resolution. 3. I understand Section 1108.200 of the Prior Lake Ordinance Code provides as follows: 1108.211 Revocation and Cancellation of a Conditional Use Permit. A Conditional Use Permit may be revoked and canceled if the Zoning Administrator determines that the holder of an existing Conditional Use Permit has violated any of the conditions or requirements imposed as a condition to approval of the Conditional Use Permit, or has violated any other applicable laws, ordinances, or enforceable regulation. 1108.212 After One Year. No Construction Reauired. All Conditional Use Permits shall be revoked and canceled if 1 year has elapsed from the date of the adoption of the resolution granting the Conditional Use Permit and the holder of the Conditional Use Permit has failed to make substantial use of the premises according to the provisions contained in the Permit. 1108.213 After One Year. New Construction Reauired. All Conditional Use Permits shall be revoked and canceled after 1 year has elapsed from the date of the adoption of the resolution granting the Conditional Use Permit if a new structure or alteration or substantial repair of an existing building is required by the Conditional Use Permit and the holder has failed to complete the work, unless a valid building permit authorizing such work has been issued and work is progressing in an orderly way. 1108.416 Upon Occurrence of Certain Events. If the holder of a Conditional Use Permit fails to make actual use of vacant land, or land and structures which were existing when the Conditional Use Permit was issued and no new structure, alteration or substantial L:\03 Files\03 CUP's\Diggers Polaris\assent.DOC 1 16200 Eagle Creek Ave. S.E" Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER repair to existing buildings was required; or if a new structure was required by the Conditional Use Permit and no building permit has been obtained, the Conditional Use Permit shall be deemed revoked and canceled upon the occurrence of any of the following events: (1) A change in the Use District for such lands is made by amendment to the Zoning Ordinance by the City Council. (2) Eminent domain proceedings have been initiated to take all or any part of the premises described in the Conditional Use Permit. (3) The use described in the Conditional Use Permit becomes an illegal activity under the laws of the United States of America or the State of Minnesota. (4) Title to all or part of land described in such Conditional Use Permit is forfeited to the State of Minnesota for nonpayment of taxes. (5) The person to whom the Conditional Use Permit was issued files a written statement in which that person states that the Conditional Use Permit has been abandoned. The statement shall describe the land involved or state the resolution number under which the Conditional Use Permit was granted. (6) The premises for which the Conditional Use Permit was issued are used by the person to whom the Conditional Use Permit was issued in a manner inconsistent with the provisions of such Conditional Use Permit. 4. I understand the granting by the City of this Resolution is in reliance on the representations that I will fully comply with all of the terms and conditions of said Resolution. I understand and agree upon notice of non-compliance with any term or condition, I shall immediately cease conducting activities pursuant to the notice or will take all actions necessary to accomplish full !:m:~a:~W~h said notice and co ns Oft7L:; . DATE UR OF<APPLlCANT E~ 16450 ANNA TRAIL SE ADDRESS OF PROPERTY L:\03 Files\03 CUP's\Diggers Polaris\assent.DOC 2 Scott County Customer Service (952) 486-8100 # 326062 OS-oCT .2003 CUSTOMER DIGGERS SALES & SERVICE A Filing Abstract Total for Fee FILE NUMBER OR NAME: COND USE PERMITS Receipt Total Check Payment Total Change 2@ 20,QOea 40.00 40.00 40.00 40,00 0.00 Approved Plans 6'10-0~ L~CDr~ L:\TEMPLA TE\FILEINFO.DOC snE pt,""I.I.....,:, I ~~.._------ . . . -~_.....~ =arrlO"'~ .~ (--. / ____IlID"'.~ -- . k..A .Jo...AJ. L , /' , .if /' ,/ ~ " ~ ---1 '~~IIE> :r:"",;:~::~~ /~:;: 1_ CICQPAIC:l' s.a:arAllC"l'__ __a:ar_ 0......... " : .o::rIAL NOTEB _'M L_ L.-u. ...' 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L:\TEMPLA TE\FILEINFO.DOC m3 -tv AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss ST ATE OF MINNESOTA) ... {})/II;vue Co4i/~fthe City of Prior Lak Minnesota, being duly sworn, says on the J1- day of th{l)Ched list of persons to have an interest in the ~ '7'1;J~ ~ , by mailin hem a copy thereof, enclosed in an envelope, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. Subscribed and sworn to be this day of ,2003. NOTARY PUBLIC L:\DEPTWORKIBLANKFRMlMAILAFFD.DOC Cynthia Kirchoff From: Cynthia Kirchoff Sent: Tuesday, July 08, 2003 9:01 AM To: Prior Lake American (E-mail) Deb- Please publish the attached public hearing notice in the July 12th edition of the Prior Lake American. Thanks. 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 7/8/03 Page 1 of 1 NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND SERVICE 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, July 28,2003, at 6:30 p.m. or as soon thereafter as possible. REQUEST: The applicant is requesting a conditional use permit for motor vehicle sales and motor vehicle repair, service on the subject site, which is zoned C-4 (General Business). APPLICANT: Doug Nagle, Digger's Polaris PROPERTY OWNER: JMS Homes SUBJECT SITE: 16450 Anna Trail SE, Prior Lake, MN, legally described as property located in the NW -y.. of SE -y.. of Section 2, T 114 N, R 22 W, Scott County, Minnesota. 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 8th day of July 2003. Cynthia Kirchoff, AICP, Planner City of Prior Lake To be published in the Saturday, July 12, 2003. L:\03 Files\03 CUP's\Diggers Polaris\Public Hearing Notice.doc ~PR~ ~ ""~\ ~ ~ ~NE~ NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND SERVICE 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, July 28,2003, at 6:30 p.m. or as soon thereafter as possible. REQUEST: The applicant is requesting a conditional use permit to conduct motor vehicle sales and motor vehicle repair, service on the subject property zoned C-4 (General Business). APPLICANT: Doug Nagle, Digger's Polaris PROPERTY OWNER: JMS Homes SUBJECT SITE: 16450 Anna Trail SE, Prior Lake, MN, legally described as property located in the NW % of SE % of Section 2, T 114 N, R 22 W, Scott County, Minnesota. 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 17th day of July 2003. Cynthia Kirchoff, AICP, Planner City of Prior Lake Mailed to property owners within 350 feet of the subject site on July 17, 2003. L:\03 Files\03 CUP's\Diggers Polaris\Mailed Hearing Notice.doc 16200 Eagle Creek Ave, S,E., Prior Lake, Minnesota 55372-1714 / Ph, (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER nil. ., i; ; . . . '~I "I II' . II~ ~ii.il!lb !Il .. r 1~11!111, Ii Ii" II. ill. * ~'~'~":'J ~. I ~ 111!i!!l11llj . :'!..;II ':. . . .~ --, s I, ~~II! !~,'Ih ;lli ,I I I: ~d!li'n~ 'I !II~,'III llil~. h '- -III i-II Llll.!...! 0 I' , h .."..~~ d! . ~ 4;' --",llll ... I; I 1 ~ l~ ~I' ... .. ", !'I!. ~I ~ to ,....e.. l.~;~ 0-:. '. "'"' ,c,. '.0 ~ ~ (-- '. ~ ,,--I' "'-.. " ~l! " . I 5 tin I( .~ I "-,. 0 ,... tL.. t o I ~ ".>":--=1 E8 o ~ J!-i~l') I',!, I I I II. I ...~ .:- ----I ,I; I II '" ITI.... ,., ii~ II I 'i I " " ~ Il-t----" , I i I '4 , 1___ ------" 1 _I' II I :: I '-.../ .... .:::---'............... - I' .... .:::'.::.-<::---- -- .......... ;' I ~ ~ .... --- - ~ ,-.J, .. I . I --'" '" ' / ~~ P iIU .. J lid ;:; ; ~~ o ~ ~ - ~ .. ~ I. II ~ II ~ i_ "\ ~ I I I I ..~, n. ~ ,- I : -- L - ( ...~ ) ../ p'! ~ i ill I I ..- \ I rr) 8 ,,-, l- I ;! ~ , - ..1 L' / ~I i -I Smootfl Feed Sheets ™ Pulte Homes of Minnesota 815 Northwest Parkway Eagan, MN 55121 Mark Monroe 16499 Duluth Avenue SE Prior Lake, MN 55372 Sally Pumper 16541 Duluth Avenue SE Prior Lake, MN 55372 Loren Gross 8609 Lynda Le Ave S Bloomington, MN 55420 United States Postal Service P.O. 69069 St. Paul, MN 55169 John & Carol Schoeller 3570 Basswood Circle SE Prior Lake, MN 55372 Priorda ~e Mall Investors 4570 77th Street West Edina, MN 55435 Michael McDonald 16670 Franklin Trail SE Prior Lake, MN 55372 LARc+-\) u",'. to VYt-S1 7B /1-\ ,ST '1~133. (.ftN-.' ~~J N\N 7)'..:)17 ',.,.', ~'cl' ': J'-;' "f') ~. ':';:_...~,i ... - It, .4': .":t~:53 Health System Minnesota 6500 Excelsior Blvd. St. Louis Park, MN 55416 David & MarYkaY~ishek 7540 Credit River Blvd. Prior Lake, MN 55372 Crown Coco Inc. 1717 Broadway Street NE Minneapolis, MN 55413 City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 Charles & Jill Schwantes 16680 Franklin Trail SE Prior Lake, MN 55372 Wallace & Delores Langhorst 6433 Brook Lane Savage, MN 55378 Randall Prekker 16447 Duluth Avenue SE Prior Lake, MN 55372 Doris Malz 16459 Duluth Avenue SE Prior Lake, MN 55372 Use template for 5660@ Phyllis Rowe 16473 Duluth Avenue SE Prior Lake, MN 55372 Michael Babcock 16670 Franklin Trail SE Unit 100 Prior Lake, MN 55372 David & Alexandra Michael 96 Birnamwood Drive Burnsville, MN 55337 Hoemoeller & Bates 16670 Franklin Trail SE Unit 200 Prior Lake, MN 55372 Bryce D. Hoemoeller 2880 Center Road SW Unit 210 Prior Lake, MN 55372 BNK Masonry Inc. 16670 Franklin Trail SE Unit 220 Prior Lake, MN 55372 HRS Properties 16670 Franklin Trail SE Unit 230 Prior Lake, MN 55372 David G. Johnson 1035 Lilac Court Shakopee, MN 55379 Property owners within 350 feet of Digger's Polaris CUP I -Ii I II 1 I I I I I I I I ) II I I I III I!J J/ '--J PLEASANT ST ------./ / 1/ - --- - ---- ---- ---.------ --- -.-- --1 - \ / / /\ / / - \ IIID~- q 1'1 - ./ -- \" \ I '~00 " .., '~ N " " 259020450 CROWN COCO INC 1717 259020493 SCHOELLER,JOHN J & CAROL A 3570 259020492 UNITED STATES POSTAL SERVICE 259020460 VELlSHEK,DAVID E & MARY KAY 7540 253910010 HEALTHSYSTEM MINNESOTA 16500 259020470 PLM HOLDINGS LLC 350 BROADWAY ST NE M 55413 BASSWOOD CIR SW M 55372 PO BOX 6 M 55169 CREDIT RIVER BLVD M 55372 EXCELSIOR BLVD M 55416 HWY 212 E M 55318 16735 FRANKLIN TRL SE 16511 ANNA TRL SE o o 4670 PARK NICOLLET AV SE o PLAT-25391 PARK NICOLLET ADDN SECT-02 TWP-114 RNG-022 W1/2 SE1/4 COM 1792' N OF SE COR W1/2 SE1/4, W 215.94' TO POB, W 345' TO HWY 13, NE 190'E 210', S 140.08' TO POB & .2AS OF PARCEL SECT-02 TWP-114 RNG-022 COM ELINE W1/2 SE1/4 1940.8' N OF SE COR, W ON RD 652.15' TO HWY 13 & POB, W 410, DEFLECLEFT 241.19', NE ON HWYTO POB 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 444'W OF ELINE, SE TO PT 72.87' NOF S LINE, E 192.16', S 72.87'TO POB. SECT -02 TWP-114 RNG-022 SECT -02 TWP-114 RNG-022 W1/2 SE 1/4 COM 1177,13' N OF SE COR, W700' TO POB, W 150',N 387.2', NE TO INTW POB, S 497.87' TO POB. City Council Meeting Minutes August 18,2003 Hauaen: Would like to be reasonably accommodating, but given the potential to bring decks or additions closer to the Jake, he could not support the amendment LeMalr: Commented that emotionaDy, he empat:';"'.:.d with the property owner and would oke to help, but cannot support the amendment given its impact to move larger structures closer to the lake. MOTION BY BLOMBERG, SECOND BY , TO APPROVE ORDINANCE 03.XX AMENDING THE ZONING ORDINANCE RELATING TO LOTS SEPARATED FROM THE LAKESHORE BY PRIVATE COMMON OPEN SPACE. WITHOUT A SECOND TO THE MOTION, THE AMENDMENT FAILED. Blomberq: Asked that since a variance has been turned down in the past, is ~ likely that a variance process would yield any different outcome for this property owner, Pace: Advised that it is not likely at this time. Zlnka: Empathized with the homeowner. but an ordinance applies on a much larger scale and can have a greater impact on the community than just this particular property. ) NEW BUSINESS . COMlder Approval of (1) , Resolution Approving, Conditional Use Permit to Allow Motor Vehicle Sales, and {2} a Ruolutfon Approving I Condltlonal Use Permit to Allow Motor Vehicle Repair on Property Located at 16450 Anna T"11 SE. Kansler: Reviewed the agenda item in connection with the staff report. .LeMalr: Asked why test tracks would be prohibited, and if Diggers was purchasing the property. Kansler: Advised that there was concern about noise impacts upon the residential area. She understood that the property would be leased. Zleska: Asked if the Boy Scouts will still have a home for their Xmas tree sales. Doua Naael (owner of Diggers Polaris): Confirmed. Hauaen: Asked if not allowing test tracks poses any concem for the viability of the business operations. Naael: Commented that there are no plans for a test track through any of the trees or landscape areas. He does not see any problem with just running the brief tests on the current asphalt. Blomberq: Asked if the hours are outside general business hours. Naael: No. Blombera: Glad to see the CH Carpenter site being used and redeveloped. Wished the owner luck. Hauaen: Also complimented the owner on his efforts. . 4 City Council Meetlng Minutes August 18, 2003 N!U.: Advised that Polaris wanted him to relocate outside of Prior Lake, but he has convinced them he can do what they want at this site. This wiD be a regional concept store, similar to operations like the Harley Davidson stores. Hauaen: Asked the requirement for fencing, and what the ownership arrangement for the building is. Kanslar: Advised that aestheticaDy the fence materials need to be decorative or wood fencing. Chain link fencing would not be pennitted. Naael: Advised that any storage or stacking or materials would take place on the rear side of the buDding not visible from the roacl. An 8-foot cedar fence is 6kely along TH13. The deal is for a 7 -year lease with an option to buyout after 2 years. Hauaen: Suggested adding language In the resolution clarifying the fencing conditions. MonON BY LEMAIR, SECOND BY ZIESKA, TO APPROVE RESOI.UTlON 03-142 APPROVING A CONDITIONAL USE PERMIT TO AllOW MOTOR VEHICLE SALES ON PROPERlY LOCATED AT 16450 ANNA TRAIL SE. VOTE: Ayes by Haugen, Blomberg, Zieska and LeMair, the motion carried. MOTION BY BLOMBERG, SECOND BY LEMAIR, TO APPROVE RESOLUTION 03.143 APPROVING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE REPAIR ON PROPERlY LOCATED AT 16450 ANNA TRAIL SE. VOTE: Ayes by Haugen, Blomberg, Zieska and LeMair, the motion carried. COMlder Approval of a RfJ$olution Denying an Amendment to the Comprehensive Plan for the Property Located on tht South Sid. of CSAH 42 and West of County Road 83 (Case File #03-77). Kansler: Reviewed the agenda item in connection with the staff report. Blombera: Asked if staff would agree that commercial buildings cannot be put on this site. . ,. '. ", ;, ',-" _.:, ,^~,;.:,.,:".~\l:;!(.oj~II~~ Kansler: Advised that because of the topography of the site, any type of development will be challenging. ,; .0; Z1eska: Cbmmented that until the City campletlfits stUdy on viable commerCiarp~s within the City, he would rather err on the side of caution and leave the current designation. LeMalr: Asked what type of uses fall in the Hospitality-General Business designation. Kansler: Advised that this is the City's most intensive commercial designation. Uses from hotels to restaurants or general retail are pennitted. leMalr: Agreed with Councilmember Zieska in that if a change is ultimately necessary, at this point it is premature. Hauaen: Believed that changing the current designation is contrary to the City's 2020 Vision to promote the commercial viability of the City. - Blomberq: Agreed with the comments of the Council members. " " 5 -- ';-. . STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and Planning Secretary of the City of Prior Lake, hereby certifies the attached hereto is the original true and correct copy of CONDITIONAL USE PERMIT RESOLUTION 03-142 (MOTOR VEHICLE SALES) APPROVING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE SALES ON PROPERTY LOeA TED AT 16450 ANNA TRAIL SE #03-80 (j({({(~ &i/~tll Connie Carlson / City of Prior Lake ~ Dated this 22nd day of August, 2003 (City Seal) 1:ldcptworklblankfrmllrUecopy.doc CONDITIONAL USE PERMIT RESOLUTION 03-142 (MOTOR VEHICLE SALES) APPROVING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE SALES ON PROPERTY LOCATED AT 16450 ANNA TRAIL SE WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, MOTION BY: LEMAIR SECOND BY: ZIESKA The Prior Lake Planning Commission conducted a public hearing on July 28, 2003, to consider an application from Digger's Polaris for a Conditional Use Permit (CUP) to allow motor vehicle sales on property located at 16450 Anna Trail SE; and Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and 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 for motor vehicle sales; and The Planning Commission recommended the City Council approve the CUP with specific conditions; and The City Council considered the CUP application for motor vehicle sales at its regular meeting on August 18, 2003; and The City Council finds the CUP for motor vehicle sales in harmony with both existing and proposed development in the area surrounding the project; and The City Council 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 CITY COUNCIL OF PRIOR LAKE: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby adopts the following findings: (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. An objective of the Comprehensive Plan is to "maintain high standards in the promotion and development of commerce and industry." A policy supporting this objective is "encourage, regulate, and promote non-polluting and aesthetically pleasing commercial and industrial deve/gpment. n The R:\RESOLUTI\PLANRES\2003\03-142.DE>C la..Qe 1 16200 Eagle Creek Ave. S,E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER proposed motor vehicle sales and repair will be consistent with the goals, objectives, and policies of the Comprehensive Plan provided it complies 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. One purpose of the Zoning Ordinance is to "enhance the aesthetic character and appearance of the City." Revised plans addressing exterior building materials and landscaping conditions of approval will ensure that the development is consistent with the purpose of the Zoning Ordinance. The purpose of the C-4 use district is to "provide an area for commercial uses that 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 large volumes of traffic, greater signage and lighting." Motor vehicles sales and repair are appropriate for this district because of potential traffic generation and overall intensity of the use. (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, including those included in the memorandums from Building Officials dated July 11, 2003, and Assistant City Engineer dated July 22, 2003, 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 motor vehicle sales and motor vehicle repair that intend to protect the use and enjoyment of properties in the "R" use districts. Attached conditions include precluding vehicle test driving on any street in the "R" use districts, an outdoor public address system, and display or storage in the public right-of-way. Also, the uses will be required to maintain a 100 foot setback from any "R" use district. (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. An architect prepared the site plan. However, a revised site plan and landscape plan will be required to be prepared by civil engineer and landscape architect, respectfully. (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 must prepare drainage and utility plans addressing the comments in the memorandums from the Building Official dated July 11, 2003, and the Assistant City Engineer dated July 22, 2003. (8) The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other-dimensional " R:\RESOLUTI\PLANRES\2003\03-142,DOC Page 2 standards, performance standards, conditions or requirements in this Ordinance are insufficient to achiev~ the objectives contained in subsection 1108.202. in these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth In the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. The City Council may revise recommended conditions or attach additional conditions as deemed appropriate to protect the general welfare, public safety, and neighborhood character. 3. Section 1102.1203 (2) lists the specific criteria for motor vehicle sales in the C-4 district. These criteria are discussed below: a. No previously registered but currently unlicensed or non-operable vehicles shall be stored on premises. This shall be included as a condition of approval. 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 rentalld. This shall be included as a condition of approval. c. The building and the sales or rental lot shall be on one contiguous site. The building and open storage are located on two contiguous parcels of land. d. All parking and paved areas shall meet a' of the landscaping and design requirements of subsection 1107.200. Currently, a 3 foot tall fence delineates the parking lot. The open storage area is proposed to be screened with a 6 foot tall wood fence. A landscape plan must be prepared to indicatea minimum of 97 trees to comply with minimum requirements of the Zoning Ordinance. e. String lighting shall be prohibited. This shall be included as a condition of approval. f. The area of open sales or rental lot used for storage and display of merchcndise 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. The existing principal structure is 20,708 square feet, thus open storage is limited to 41,416 square feet in area. The site currently has approximately 86,000 square feet square feet of paved and gravel storage area. Outdoor storage areas must be reduced to 41,416 square feet as a condition of the permit. g. Test driving shall be prohibited on any street in an "R"Use District. This shall be included as a condition of approval. h. No outdoor public address system shall be permitted This shall be included as a condition of approval. i. All customer and employee parking shall be clearly designated and signed. The site plan denotes that the existing bituminous parking lot is for customer parking, but does not distinguish employee parking. However, this shall be included as a condition of approval. j. No motor vehicle transport loading or unloading shall be permlted on any minor residential street · This shall be included as a condition of approval. R:\RESOLUTI\PLANRES\2003\03-142,DOC Page 3 k. No display or storage of motor vehicles shall be permitted on any public righ~of-way. This shall be included as a condition of approval. I. A bufferyard, as determined by subsection 1107.2003, shall be installed and maintained along all property lines of an abutting "R" Use District. The site plan does not indicate a bufferyard along the west and north property lines, which abut property in the R-2 use district. A landscape plan shall be required as a condition of approval so that staff can determine if plantings are appropriate and compliant with relevant ordinance provisions. m. The storage lot shall be located a minimum of 100 feet from an "R" Use District. The existing open storage area is located approximately 30 feet from the west property line, which abuts the R-2 use district. Existing bituminous surface shall be removed to comply with this provision. 4. The Conditional Use Permit is hereby approved on the property legally described as follows: A tract of land in the NW ~ of SE ~ 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 SE ~ 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 ~ 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 ~ of the SE ~ 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 ~ of the SE ~ 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 ~ 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. 5. The Conditional Use Permit is hereby approved subject to the following conditions: a) A certificate of survey prepared and signed by a registered land surveyor shall be submitted. b) Exterior materials of all buildings on the site shall comply with Section 1107.220 of the Zoning Ordinance. c) If the existing gravel parking area on the northern portion of the site is to be utilized for screened outdoor storage, it shall be surfaced with concrete or bituminous. d) The detached accessory structure shall either be relocated to comply with the 20 foot required side yard setback or removed from the site. .. e) Landscaping shall be installed along Anna Trail and TH 13 to screen the parking lot as required by Section 1107.204 of the Zoning Ordinance. - R:\RESOLUTI\PLANRES\2003\03-142.DOC Page 4 f) Existing gravel parking area along the west property line shall be removed. g) The outdoor storage area shall be 100 feet from the west and north property lines. Therefore, bituminous or gravel surface that does not meet this setback shall be removed. h) Landscaping shall be installed to comply with minimum requirements in Section 1107.1905 of the Zoning Ordinance. i) Storm water ponding shall be provided if the impervious surface of the site is increased or if more than 10,000 square feet of the site is disturbed. j) A fire hydrant shall be installed north of the existing principal structure. Issues identified by the Building Official in the memorandum dated July 11, 2003, shall be addressed in the revised site plan and building permit application as required. k) Civil plans shall be prepared by a registered civil engineer locating storm water ponding, if required, and the extension of a water main for the new fire hydrant. I) A lighting plan shall be submitted indicated location of fixtures and illumination levels. m) Outdoor storage shall be placed on a bituminous surface and shall be limited to 41,416 square feet in area. n) No outdoor storage of vehicles or equipment shall be located outside of the designaed, fenced storage area. 0) No previously registered but currently unlicensed or non-operable vehicles shall be stored on the premises. p) 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. q) String lighting shall be prohibited. r) Test driving shall be prohibited on any street in an "R" use District. s) All customer and employee parking shall be clearly designated and signed. t) No outdoor public address system shall be permitted. u) No motor vehicle transport loading or unloading shall be permitted on any minor residential street. v) No display or storage of motor vehicles shall be permitted on any public righfof-way. w) A test track shall be prohib~ed in conjunction with motor vehicle sales. x) All conditions listed in Section 1102.1203 (2) of the Zoning Ordinance shall be met. CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for motor vehicle sales. The contents of Planning Case Files #03-80 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 18th day of August, 2003. Blomberg Haugen LeMair Petersen Zieska YES X X X Absent X NO {Seal} Blomberg Haugen LeMair Petersen Absent Zieska Ci~ M::!!I City of Prior Lake .. R:\RESOLUTI\PLANRES\2003\03-142.DOC Page 5