HomeMy WebLinkAbout03-137 Berens Bus Co. CUP
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
AGENDA ITEM:
SUBJECT:
PREPARED BY:
REVIEWED BY:
PUBLIC HEARING:
CASE FILE #:
DATE:
I. INTRODUCTION:
PLANNING REPORT
5B
PUBLIC HEARING TO CONSIDER A CONDITIONAL
USE PERMIT FOR OUTDOOR STORAGE IN THE 1-1
USE DISTRICT
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
X YES NO-N/A
03-137
NOVEMBER 24, 2003
Kevin Berens is requesting a Conditional Use Permit to allow the outdoor
storage of school buses on property located at 16731 Welcome Avenue. The
property is zoned 1-1 (General Business) and is guided I-PI (Planned Industrial)
on the 2020 Comprehensive Land Use Plan Map. Outdoor storage is a
Conditional Use in the 1-1 use district. The applicant is currently storing buses on
the site without the benefit of screening or landscaping, out of compliance with
the administratively approved site plan.
II. BACKGROUND:
On August 20, 2002, staff administratively approved a site plan for the outdoor
storage of buses on the subject property with the following conditions:
1. The parking area, landscaping and fence must be constructed as shown on
the approved plans.
2. A 2-year letter of credit (LOC) guaranteeing the landscaping must be
submitted. The LOC must be an amount equal to 125% of the cost of the
landscaping, including installation. This cost may be determined by a bid or
estimate from a landscape company.
3. A Fire Department lock box must be installed at the gate to the site.
4. A grading permit or any other necessary permits must be obtained prior to
any construction on the site.
Since the property is located within a landlocked watershed basin (Markley
Lake), Berens Bus Company entered into an Agreement for Monitoring and
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WWW.cnyopnorae.com
Phone 952.447.4230 / Fax 952.447.4245
Maintenance Plan with the City. The City Council approved the execution of this
agreement on August 5, 2002.
The site plan was approved on the condition that the outdoor storage be
screened with a solid fence 6 feet in height. Instead, the applicant proposes to
screen the buses by means of a 10 foot tall chain link fence with a "windscreen."
The proposed windscreen is inconsistent with the approved plan.
On November 3, 2003, the City Council amended the Zoning Ordinance to
require a Conditional Use Permit for outdoor storage in the 1-1 use district with
the following conditions:
a. Storage shall be screened with fencing, landscaping, berming or
some combination thereof from all property lines and abutting public
rights-of-way. A bufferyard shall be required when the outdoor
storage abuts any property in an "R" Use District, pursuant to
subsection 1107.2003.
b. Storage shall not be permitted within any required yards or
bufferyards.
c. Storage areas shall be separated from the vehicular parking and
circulation areas. This separation shall be clearly delineated by a
physical separation such as a greenway, curb, fence or line of
planters.
d. Stored materials shall not interfere with either on-site or off-site traffic
visibility.
e. Inoperative vehicles or equipment or other items typically stored in a
junkyard or salvage yard shall not be stored on land on which
storage is permitted with conditions under this Section.
f. All areas used for storage shall be paved.
Since the applicant is interested in installing screening inconsistent with what
was administratively approved under the former ordinance, the revised plan must
be reviewed by the Planning Commission and approved by the City Council as a
Conditional Use Permit.
III. PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site is 1.25 acres.
Existina Use: The applicant is currently operating on the property out of
compliance with the approved administrative site plan. Required fencing and
landscaping have not been installed.
Toooaraohv: The site was graded for the outdoor storage parking area. Two
infiltration ponds are located adjacent to Welcome Avenue. The highest point on
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this site (elevation approximately 946' MSL) is located along the southern
property line. The lowest point is the pond in the northwest portion of the site.
Veaetation: The site is void of vegetation.
Wetlands: According to information on file at the City, wetlands are not present
on the site.
Access: Primary access to this property is from Welcome Avenue.
Adiacent ExistinQ Uses. Land Use. and Zonina:
Existing Use
Land Use
Designation
I-PI, Planned Industrial
Zoning
Welcome Avenue
1-1, General Industrial
West
I East
I North
I South
Prior Lake Mini-Storage
Michelson Landscaping
Vacant
I-PI, Planned Industrial
I-PI, Planned Industrial
I-PI, Planned Industrial
1-1, General Industrial
1-1, General Industrial
1-1, General Industrial
IV. ANALYSIS:
The applicant is requesting approval of a Conditional Use Permit to allow the
outdoor storage of school buses to be screened with a chain link fence and a
windscreen. Some improvements have already been constructed on the site,
and the applicant is currently storing buses on the property without required
screening or landscaping. The existing parking lot has 35 stalls, 18 of which are
exclusively for bus parking and the remaining 17 are for drivers. The property is
adjacent to Markley Lake, a landlocked watershed basin; so two infiltration ponds
have also been constructed.
Bulk Standards: No buildings will be constructed on the site. A parking lot,
constructed of a bituminous surface, currently occupies the property. Off-street
parking must comply with minimum yard setbacks. Minimum setbacks for the 1-1
use district are as follows:
Front yard
Side yard
Rear yard
50 feet
20 feet
30 feet
The site plan indicates that the parking lot meets all minimum required setbacks.
The fence does not have to maintain minimum setbacks. It must, however, be
installed on private property.
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Parkina: The Zoning Ordinance does not provide minimum parking
requirements for the outdoor storage of buses, so the site plan will be reviewed
under the general use of outdoor storage. Thus, one parking space must be
provided for each 20,000 square feet of land devoted to outdoor storage. The
site plan indicates that 17 parking stalls are proposed. Two parking stalls are
required for this use, because approximately 26,000 square feet of the site is
outdoor storage. So minimum requirements have been met.
The Zoning Ordinance does not set forth minimum dimensional standards for
bus parking. The proposed stalls are 12 feet in width and 45 feet in depth. In
terms of the vehicle parking, because the stalls were constructed at a 45 degree
angle, the stalls must be 12 feet in width by 18.5 feet in depth. Two of the
parking stalls do not meet these minimum dimensional standards so they should
be eliminated from the site plan.
Screenina/Landscapins.;. The newly adopted ordinance amendment requires
that storage be screened with "fencing, landscaping, berming or some combination
thereof from all property lines and abutting public rights-of-way." The applicant
proposes to screen the bus storage with a "windscreen." The screen is to be
attached to a chain link fence that is 10 feet in height. Based upon the information
submitted by the applicant, the windscreen does not provide adequate screening
of the buses along Welcome Avenue. Staff recommends that a solid wood fence
be installed along Welcome Avenue. The chain link with windscreen is appropriate
for the side and rear yards because the abutting property is industrial and not
visible from off-site.
Furthermore, a bufferyard shall be required when the outdoor storage abuts any
property in an "R" Use District, pursuant to subsection 1107.2003. The property
does not abut residential property, so this provision does not apply.
In terms of minimum required landscaping, one tree is required per 40 feet of site
perimeter for industrial sites without buildings. For this development, 24 trees
are required. The landscape plan indicates that 25 deciduous and coniferous
trees will be planted. Deciduous plantings must be a minimum of 2.5 caliper
inches and coniferous plantings must be a minimum of 6 feet in height. The
Zoning Ordinance also requires that at least 10 percent of required landscaping
exceed the minimum size, Le., deciduous 3.5 caliper inches and coniferous 8
feet in height. The landscape plan indicates four of the required trees exceed
the minimum size. Thus, the minimum ordinance requirements have been met.
Shoreland/lmpervious Surface: The site is within the Shoreland Overlay
District of Markley Lake, and is subject to applicable requirements of the
Shoreland Ordinance. For this application, the most applicable requirement is
the maximum impervious surface standard. The maximum impervious surface
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coverage in an "I" use district is 75 percent. The site plan indicates that 53
percent of the site will be impervious surface. Thus, the standard has been met.
Access: As previously noted, the site has access on Welcome Avenue.
Storm Water: Two infiltration basins were designed and approved in
conjunction with the administrative site plan.
Sians: No signage is proposed.
!J..ahtina: Reflected glare or spill light shall not exceed 1.0 footcandle when the
source of light abuts any commercial or industrial parcel or any public right-of-
way measured at 1 foot above the ground. Six fixtures on poles are currently on
site. The lighting plan, administratively approved with the site plan, indicates that
illumination levels meet the standards.
V. OUTDOOR STORAGE FINDINGS:
The Zoning Ordinance states that outdoor storage in the 1-1 use district must
comply with six standards.
City Code Section 1102.1503 Uses Permitted with a Conditional Use Permit
(8) Outdoor Storage. Conditions:
a. Storage shall be screened with fencing, landscaping, berming or some
combination thereof from all property lines and abutting public rights-of-way.
A bufferyard shall be required when the outdoor storage abuts any property
in an "R" Use District, pursuant to subsection 1107.2003.
Finding: Proposed screening includes a 10 foot chain link fence with an
attached wind screen. The windscreen does not appear to adequately
screen the site from Welcome Avenue. Staff recommends a solid wood
fence be installed just along Welcome Avenue to comply with this provision.
The chain link fence with the wind screen is appropriate in the side and rear
yards.
b. Storage shall not be permitted within any required yards or bufferyards.
Finding: The site plan indicates that outdoor storage meets all required
setbacks.
c. Storage areas shall be separated from the vehicular parking and circulation
areas. This separation shall be clearly delineated by a physical separation
such as a greenway, curb, fence or line of planters.
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5
Finding: Bus parking is proposed on the perimeter of the site, with the
driver parking proposed in the center. Physical separation is not provided,
although staff believes the 40.5 foot separation is appropriate.
d. Stored materials shall not interfere with either on-site or off-site traffic
visibility.
Finding: Proposed bus parking is appropriately spaced from the entrance
to the site.
e. Inoperative vehicles or equipment or other items typically stored in a
junkyard or salvage yard shall not be stored on land on which storage is
permitted with conditions under this Section.
Finding: This will be attached as a condition of approval.
f. All areas used for storage shall be paved.
Finding: The parking lot is paved.
VI. GENERAL CONDITIONAL USE PERMIT FINDINGS:
Section 1108.200 of the City Code sets forth the general criteria utilized to review
a CUP application.
(1) The use is consistent with and supportive of the goals and policies of
the Comprehensive Plan.
Finding: 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 to "maintain proper physical site screening
and landscaping standards." The outdoor storage of buses is 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.
Finding: The use will not be detrimental to the health, safety, and general
welfare of the community as a whole provided all conditions of approval are
met.
(3) The use is consistent with the intent and purpose of the Zoning
Ordinance and the Use District in which the Conditional Use is located.
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Finding: One purpose of the Zoning Ordinance is to "enhance the aesthetic
character and appearance of the City." Requiring a solid wood fence to
screen along Welcome Avenue is consistent with the purpose of the Zoning
Ordinance.
The purpose of the 1-1 use district is "to provide areas of the community that
will allow general industrial uses that, due to their size and nature, would not
conform to the 'C-5' Business Park Use District." Outdoor storage of school
buses is appropriate for this district because of aesthetics and traffic
generation.
(4) The use will not have undue adverse impacts on governmental facilities,
services, or improvements, which are either existing or proposed.
Finding: So long as all conditions of approval are adhered to, the uses will
not over burden municipal facilities.
(5) The use will not have undue adverse impacts on the use and enjoyment
of properties in close proximity to the conditional use.
Finding: The Zoning Ordinance places conditions on outdoor storage in the
1-1 use district to protect adjacent uses. Provided all conditions are met, the
use will not have undue adverse impacts on the properties in close proximity.
(6) The use is subject to the design and other requirements of site and
landscape plans prepared by or under the direction of a professional
landscape architect, or civil engineer registered in the State of
Minnesota, approved by the City Council and incorporated as part of the
conditions imposed on the use by the City Council.
Finding: A professional landscape architect prepared the landscape plan,
and civil engineer prepared the site plan for the administrative application.
(7) The use is subject to drainage and utility plans prepared by a
professional civil engineer registered in the State of Minnesota which
illustrate locations of city water, city sewer, fire hydrants, manholes,
power, telephone and cable lines, natural gas mains, and other service
facilities. The plans shall be included as part of the conditions set forth
in the CUP approved by the City Council.
Finding: A registered civil engineer prepared drainage and utility plans for
the administrative site plan application.
(8) The use is subject to such other additional conditions which the City
Council may find necessary to protect the general welfare, public safety
and neighborhood character. Such additional conditions may be
imposed in those situations where the other dimensional standards,
performance standards, conditions or requirements in this Ordinance
are insufficient to achieve the objectives contained in subsection
1108.202. In these circumstances, the City Council may impose
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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.
Finding: The City Council may revise recommended conditions or attach
additional conditions, as they deem appropriate to protect the general
welfare, public safety, and neighborhood character.
VII. CONCLUSION:
The applicant is requesting a Conditional Use Permit for the outdoor storage of
school buses on property located in the 1-1 use district. The ordinance was
recently amended to require a Conditional Use Permit for outdoor storage in the
1-1 use district.
In August 2002, an administrative site plan was approved for the screened
outdoor storage of school buses on the property. The previous ordinance
required outdoor storage be screened with a 6 foot solid fence, and the
administrative site plan was approved with that condition. However, the
applicant would rather install a 10 foot tall chain link fence with a wind screen.
Staff does not believe that the material adequately screens the buses from
Welcome Avenue. Thus, staff recommends that portion of the fence be
constructed of solid wood.
Overall, staff believes screened outdoor storage is consistent with the intent of
the 1-1 use district provided conditions of approval are met. Based upon the
findings set forth in this report, staff recommends approval of the Conditional Use
Permit for screened outdoor storage with conditions.
VIII. ALTERNATIVES:
1. Recommend the City Council approve the CUP with conditions as
recommended or any other conditions the Planning Commission feels are
warranted.
2. Recommend denial of the request. In this case, the Planning Commission
should be specific about findings of fact.
3. Continue the request to a specific date and direct the developer to provide
the necessary additional information.
IX. RECOMMENDATION:
The staff recommends alternative #1 with the following conditions:
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1. The applicant shall record the Conditional Use Permit at Scott County no
later than 60 days after City Council approval.
2. Improvements shall be constructed pursuant to the plans administratively
approved on August 20, 2002, with the conditions set forth in this report.
3. A solid wood fence shall be installed along Welcome Avenue.
4. A building permit shall be issued prior to the installation of the fence.
5. The two car parking stalls located adjacent to the east property line shall be
eliminated from the site plan.
6. Inoperative vehicles or equipment or other items typically stored in a
junkyard or salvage yard shall not be stored on site.
7. All conditions listed in Section 1102.1503 (8) of the Zoning Ordinance shall
be met.
X. ACTIONS REQUIRED:
A motion and second to recommend approval of a Conditional Use Permit for
outdoor storage with conditions.
XI. ATTACHMENTS:
1 . Location map
2. Aerial photo
3. Site plan
4. Landscape plan
5. Windscreen information submitted by applicant
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Contractor sholl praoAde on. )'8Or guarante. of atl plant material.. The guorant..
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planting. Replacement plont materials shall alia hove Q ana year guarantee
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Contractor "'011 verify location. with 011 utilill.. prior to in,lollatlon of plant..
All plants to be north_n-grown and hardy. Plant. to b. In.talled 01 par standard
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Open top of burlap on Be materials: r.mo..... pot on pott.d plants; split and
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Prune ptonb o. necn.ory - per standard nurs..., practice and to correct pOOf'
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All disturbed areas to be .odded unlesa atherwi.e noted: .od to be standard
northern-grown and hordy bluegrass mix.
All planting beds shoU hove (... oz. min.) .eed bo<<ier fObric. .... of mulch and _~----
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
AGENDA ITEM:
DECEMBER 15, 2003
10A
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING A CONDITIONAL USE
PERMIT TO ALLOW THE OUTDOOR STORAGE OF SCHOOL BUSES ON
PROPERTY LOCATED ON WELCOME AVENUE (Case File #: 03-137 - BERENS
BUS CO.)
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
INTRODUCTION:
Kevin Berens is requesting a Conditional Use Permit (CUP) to allow the outdoor
storage of school buses on property located at 16731 Welcome Avenue. The
property is zoned 1-1 (General Business) and is guided I-PI (Planned Industrial) on
the 2020 Comprehensive Land Use Plan Map. Outdoor storage is a Conditional Use
in the 1-1 use district. The applicant is currently storing buses on the site without the
benefit of screening or landscaping, out of compliance with the administratively
approved site plan.
On November 24, 2003, the Planning Commission held a public hearing on this item,
and recommended approval of the Conditional Use Permit with conditions by a vote
of 3 to 2. During the public hearing, Mr. Berens expressed concern about the
requirement for a wood fence along Welcome Avenue, citing that a wood gate would
create maintenance issues. Three of the Commissioners found that a metal gate
would be appropriate so long as the fence along Welcome Avenue is wood. The
remaining two Commissioners felt the wood fence recommended by staff was not
appropriate for this area.
DISCUSSION:
Current Circumstances: On August 20, 2002, staff administratively approved a
site plan for the outdoor storage of buses on the subject property with the following
conditions:
1. The parking area, landscaping and fence must be constructed as shown on the
approved plans.
2. A 2-year letter of credit (LOC) guaranteeing the landscaping must be submitted.
The LOC must be an amount equal to 125% of the cost of the landscaping, including
installation. This cost may be determined by a bid or estimate from a landscape
company.
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WWW.cltyopnorae.com
1
Phone 952.447.4230 / Fax 952.447.4245
3. A Fire Department lock box must be installed at the gate to the site.
4. A grading permit or any other necessary permits must be obtained prior to any
construction on the site.
Since the property is located within a landlocked watershed basin (Markley Lake),
Berens Bus Company entered into an Agreement for Monitoring and Maintenance
Plan with the City. The City Council approved the execution of this agreement on
August 5, 2002.
The site plan was approved on the condition that the outdoor storage be screened
with a solid fence 6 feet in height. Instead, the applicant proposes to screen the
buses by means of a 10 foot tall chain link fence with a "windscreen." The proposed
windscreen is inconsistent with the approved plan.
On November 3, 2003, the City Council amended the Zoning Ordinance to require a
Conditional Use Permit for outdoor storage in the 1-1 use district with the following
conditions:
a. Storage shall be screened with fencing, landscaping, berming or some
combination thereof from all property lines and abutting public rights-of-way. A
bufferyard shall be required when the outdoor storage abuts any property in
an "R" Use District, pursuant to subsection 1107.2003.
b. Storage shall not be permitted within any required yards or bufferyards.
c. Storage areas shall be separated from the vehicular parking and circulation
areas. This separation shall be clearly delineated by a physical separation
such as a greenway, curb, fence or line of planters.
d. Stored materials shall not interfere with either on-site or off-site traffic visibility.
e. Inoperative vehicles or equipment or other items typically stored in a junkyard
or salvage yard shall not be stored on land on which storage is permitted with
conditions under this Section.
f. All areas used for storage shall be paved.
Since the applicant is interested in installing screening inconsistent with what was
administratively approved under the former ordinance, the revised plan must be
reviewed by the Planning Commission and approved by the City Council as a
Conditional Use Permit.
Phvsical Site Chara.ct!Jrisll~s.~
Total Site Area: The total site is 1.25 acres.
Existina Use: The applicant is currently operating on the property out of compliance
with the approved administrative site plan. Required fencing and landscaping have
not been installed.
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Toooaraohv: The site was graded for the outdoor storage parking area. Two
infiltration ponds are located adjacent to Welcome Avenue. The highest point on
this site (elevation approximately 946' MSL) is located along the southern property
line. The lowest point is the pond in the northwest portion of the site.
Veaetation: The site is void of vegetation.
Wetlands: According to information on file at the City, wetlands are not present on
the site.
Access: Primary access to this property is from Welcome Avenue.
Adiacent Existina Uses. Land Use. and Zoninq: The following table details uses and
zoning for adjacent properties.
Existing Use Land Use Zoning
Designation
Welcome Avenue I-PI, Planned 1-1, General
West Industrial Industrial
East Prior Lake Mini- I-PI, Planned 1-1, General
Storage Industrial Industrial
North Michelson I-PI, Planned 1-1, General
Landscaping Industrial Industrial
South Vacant I-PI, Planned 1-1, General
Industrial Industrial
Issues: The applicant is requesting approval of a Conditional Use Permit to allow
the outdoor storage of school buses to be screened with a chain link fence and a
windscreen. Some improvements have already been constructed on the site, and
the applicant is currently storing buses on the property without required screening or
landscaping. The existing parking lot has 35 stalls, 18 of which are exclusively for
bus parking and the remaining 17 are for drivers. The property is adjacent to
Markley Lake, a landlocked watershed basin; so two infiltration ponds have also
been constructed.
Bulk Standards: No buildings will be constructed on the site. A parking lot,
constructed of a bituminous surface, currently occupies the property. Off-street
parking must comply with minimum yard setbacks. Minimum setbacks for the 1-1 use
district are as follows:
I Front yard
Side yard
Rear yard
50 feet
20 feet
30 feet
The site plan indicates that the parking lot meets all minimum required setbacks.
The fence does not have to maintain minimum setbacks. It must, however, be
installed on private property.
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Parkina: The Zoning Ordinance does not provide minimum parking requirements for
the outdoor storage of buses, so the site plan will be reviewed under the general use
of outdoor storage. Thus, one parking space must be provided for each 20,000
square feet of land devoted to outdoor storage. The site plan indicates that 17
parking stalls are proposed. Two parking stalls are required for this use, because
approximately 26,000 square feet of the site is outdoor storage. So minimum
requirements have been met.
The Zoning Ordinance does not set forth minimum dimensional standards for bus
parking. The proposed stalls are 12 feet in width and 45 feet in depth. For vehicle
parking, the stalls must be 12 feet in width by 18.5 feet in depth because the stalls
were constructed at a 45 degree angle. Two of the parking stalls do not meet these
minimum dimensional standards so they should be eliminated from the site plan.
Screenina/Landscaoina: The newly adopted ordinance amendment requires that
storage be screened with "fencing, landscaping, berming or some combination thereof
from all properly lines and abutting public rights-of-way." The applicant proposes to
screen the bus storage with a "windscreen." The screen is to be attached to a chain
link fence that is 10 feet in height. Based upon the information submitted by the
applicant, the windscreen does not provide adequate screening of the buses along
Welcome Avenue. Staff recommends that a solid wood fence be installed along
Welcome Avenue. The chain link with windscreen is appropriate for the side and rear
yards because the abutting property is industrial and not visible from off-site.
Furthermore, a bufferyard shall be required when the outdoor storage abuts any
property in an "R" Use District, pursuant to subsection 1107.2003. The property does
not abut residential property, so this provision does not apply.
In terms of minimum required landscaping, one tree is required per 40 feet of site
perimeter for industrial sites without buildings. For this development, 24 trees are
required. The landscape plan indicates that 25 deciduous and coniferous trees will
be planted. Deciduous plantings must be a minimum of 2.5 caliper inches and
coniferous plantings must be a minimum of 6 feet in height. The Zoning Ordinance
also requires that at least 10 percent of required landscaping exceed the minimum
size, Le., deciduous 3.5 caliper inches and coniferous 8 feet in height. The
landscape plan indicates four of the required trees exceed the minimum size. Thus,
the minimum ordinance requirements have been met. (Note: As part of the
administrative site plan approval, the applicant was to submit a letter of credit for the
landscaping. One was not submitted. Staff is recommending that the letter of credit
be submitted as a condition of approval.)
Shorelandllmoervious Surface: The site is within the Shoreland Overlay District of
Markley Lake, and is subject to applicable requirements of the Shoreland Ordinance.
For this application, the most applicable requirement is the maximum impervious
surface standard. The maximum impervious surface coverage in an "I" use district is
L:\03 Files\03 CUP's\Berens Outdoor Storage\cc report. doc
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75 percent. The site plan indicates that 53 percent of the site will be impervious
surface. Thus, the standard has been met.
Access: As previously noted, the site has access on Welcome Avenue.
Storm Water: Two infiltration basins were designed and approved in conjunction
with the administrative site plan.
Sians: No signage is proposed.
Liahtina: Reflected glare or spill light shall not exceed 1.0 footcandle when the
source of light abuts any commercial or industrial parcel or any public right-of-way
measured at 1 foot above the ground. Six fixtures on poles are currently on site.
The lighting plan, administratively approved with the site plan, indicates that
illumination levels meet the standards.
Conditional Use Permit Findinas:
Outdoor Storaae Findinas:
The Zoning Ordinance states that outdoor storage in the 1-1 use district must comply
with six standards.
City Code Section 1102.1503 Uses Permitted with a Conditional Use Permit
(8) Outdoor Storage. Conditions:
a. Storage shall be screened with fencing, landscaping, berming or some
combination thereof from all property lines and abutting public rights-of-
way. A bufferyard shall be required when the outdoor storage abuts any
property in an "R" Use District, pursuant to subsection 1107.2003.
Finding: Proposed screening includes a 10 foot chain link fence with an attached
wind screen. The windscreen does not appear to adequately screen the site from
Welcome Avenue. Staff and the Planning Commission recommend a solid wood fence
be installed just along Welcome Avenue to comply with this provision. The chain link
fence with the windscreen is appropriate in the side and rear yards.
b. Storage shall not be permitted within any required yards or bufferyards.
Finding: The site plan indicates that outdoor storage meets all required setbacks.
c. Storage areas shall be separated from the vehicular parking and
circulation areas. This separation shall be clearly delineated by a
physical separation such as a greenway, curb, fence or line of planters.
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Finding: Bus parking is proposed on the perimeter of the site, with the driver parking
proposed in the center. Physical separation is not provided, although staff believes the
40.5 foot separation is appropriate.
d. Stored materials shall not interfere with either on-site or off-site traffic
visibility.
Finding: Proposed bus parking is appropriately spaced from the entrance to the site.
e. Inoperative vehicles or equipment or other items typically stored in a
junkyard or salvage yard shall not be stored on land on which storage is
permitted with conditions under this Section.
Finding: This will be attached as a condition of approval.
f. All areas used for storage shall be paved.
Finding: The parking lot is paved.
General Conditional Use Permit Findinas:
Section 1108.200 of the City Code sets forth the general criteria utilized to review a
CUP application.
(1) The use is consistent with and supportive of the goals and policies of
the Comprehensive Plan.
Finding: 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 to "maintain proper physical site screening and landscaping standards,"
The outdoor storage of buses is 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.
Finding: The use 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.
Finding: One purpose of the Zoning Ordinance is to "enhance the aesthetic
character and appearance of the City." Requiring a solid wood fence to screen
along Welcome Avenue is consistent with the purpose of the Zoning Ordinance.
The purpose of the 1-1 use district is "to provide areas of the community that will
allow general industrial uses that, due to their size and nature, would not conform to
the IC-5' Business Park Use District." Outdoor storage of school buses is
appropriate for this district because of aesthetics and traffic generation.
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(4) The use will not have undue adverse impacts on governmental
facilities, services, or improvements, which are either existing or
proposed.
Finding: So long as all conditions of approval are adhered to, the uses will not over
burden municipal facilities.
(5) The use will not have undue adverse impacts on the use and
enjoyment of properties in close proximity to the conditional use.
Finding: The Zoning Ordinance places conditions on outdoor storage in the 1-1 use
district to protect adjacent uses. Provided all conditions are met, the use will not
have undue adverse impacts on the properties in close proximity.
(6) The use is subject to the design and other requirements of site and
landscape plans prepared by or under the direction of a professional
landscape architect, or civil engineer registered in the State of
Minnesota, approved by the City Council and incorporated as part of
the conditions imposed on the use by the City Council.
Finding: A professional landscape architect prepared the landscape plan, and civil
engineer prepared the site plan for the administrative application.
(7) The use is subject to drainage and utility plans prepared by a
professional civil engineer registered in the State of Minnesota which
illustrate locations of city water, city sewer, fire hydrants, manholes,
power, telephone and cable lines, natural gas mains, and other service
facilities. The plans shall be included as part of the conditions set forth
in the CUP approved by the City Council.
Finding: A registered civil engineer prepared drainage and utility plans for the
administrative site plan application.
(8) The use is subject to such other additional conditions which the City
Council may find necessary to protect the general welfare, public
safety and neighborhood character. Such additional conditions may
be imposed in those situations where the other dimensional standards,
performance standards, conditions or requirements in this Ordinance
are insufficient to achieve the objectives contained in subsection
1108.202. In these circumstances, the City Council may impose
restrictions and conditions on the 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.
Finding: The City Council may revise recommended conditions or attach additional
conditions, as they deem appropriate to protect the general welfare, public safety,
and neighborhood character.
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CONCLUSION:
The applicant is requesting a Conditional Use Permit for the outdoor storage of
school buses on property located in the 1-1 use district. The ordinance was recently
amended to require a Conditional Use Permit for outdoor storage in the 1-1 use
district.
In August 2002, an administrative site plan was approved for the screened outdoor
storage of school buses on the property. The previous ordinance required outdoor
storage be screened with a 6 foot solid fence, and the administrative site plan was
approved with that condition. However, the applicant would rather install a 10 foot
tall chain link fence with a wind screen. Staff does not believe that the material
adequately screens the buses from Welcome Avenue. Thus, staff recommends that
portion of the fence be constructed of solid wood.
Overall, staff believes screened outdoor storage is consistent with the intent of the 1-
1 use district provided conditions of approval are met. Based upon the findings set
forth in this report, staff recommends approval of the Conditional Use Permit for
screened outdoor storage with conditions.
The Planning Commission recommended approval of the CUP for outdoor storage
with the following conditions:
1. The applicant shall record the Conditional Use Permit at Scott County no later
than 60 days after City Council approval.
2. Improvements shall be constructed pursuant to the plans administratively
approved on August 20,2002, with the conditions set forth in this report.
3. A 6 foot solid wood fence shall be installed along Welcome Avenue, except for
the fence gate, which may be constructed of metal.
4. A building permit shall be issued prior to the installation of the fence.
5. The two vehicle parking stalls located adjacent to the east property line shall be
eliminated from the site plan.
6. Inoperative vehicles or equipment or other items typically stored in a junkyard or
salvage yard shall not be stored on site.
7. All conditions listed in Section 1102.1503 (8) of the Zoning Ordinance shall be met.
8. A 2-year letter of credit (LOC) guaranteeing the landscaping must be submitted.
The LOC must be an amount equal to 125% of the cost of the landscaping, including
installation. This cost may be determined by a bid or estimate from a landscape
company.
AL lERNA liVES:
The City Council has three alternatives:
1. Adopt a resolution approving a Conditional Use Permit to allow the outdoor
storage of school buses.
2. Deny the resolution.
3. Defer the item and provide staff with specific direction.
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RECOMMENDATION:
Staff recommends alternative #1. This requires the following motion:
1. A motion and second to adopt a resolution approving the Conditional Use Permit
for the outdoor storage of school buses.
ATTACHMENTS:
REVIEWED BY:
1. Resolution 03-XX
2. Location map
3. Aerial photo
4. Site plan
5. Landscape plan
6. Windscreen inf?'YJation submitted by applicant
9's:I~s:~nning Commission meeting minutes
Frank BOVY ,nager
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9
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION 03.XX
APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE OUTDOOR STORAGE OF SCHOOL BUSES ON PROPERTY
LOCATED ON WELCOME AVENUE SE
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY:
SECOND BY:
The Prior Lake Planning Commission conducted a public hearing on November 24, 2003, to consider
an application from Kevin Berens for a Conditional Use Permit (CUP) to allow the outdoor storage of
school buses on property located on Welcome Avenue; 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 repair; and
The Planning Commission recommended the City Council approve the CUP with specific conditions;
and
The City Council considered the CUP application for the outdoor storage of school buses at its
regular meeting on December 15,2003; and
The City Council finds the CUP for the outdoor storage of school buses 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.
Finding: 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 to "maintain proper physical site screening and
landscaping standards." The outdoor storage of buses is 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.
Finding: The use will not be detrimental to the health, safety, and general welfare of the community as a whole
provided all conditions of approval are met.
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WWW.cltyopnorae.com
Page 1
Phone 952.447.4230 / Fax 952.447.4245
(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.
Finding: One purpose of the Zoning Ordinance is to "enhance the aesthetic character and appearance of the City."
Requiring a solid wood fence to screen along Welcome Avenue is consistent with the purpose of the Zoning
Ordinance.
The purpose of the 1-1 use district is "to provide areas of the community that will allow general industrial uses that, due
to their size and nature, would not conform to the 'e-5' Business Park Use District." Outdoor storage of school buses
is appropriate for this district because of aesthetics and traffic generation.
(4) The use will not have undue adverse Impacts on governmental facilities, services, or improvements, which are
either existing or proposed.
Finding: So long as all conditions of approval are adhered to, the uses will not over burden municipal facilities.
(5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the
conditional use.
Finding: The Zoning Ordinance places conditions on outdoor storage in the 1-1 use district to protect adjacent uses.
Provided all conditions are met, the use will not have undue adverse impacts on the properties in close proximity.
(6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the
direction of a professional landscape architect, or civil engineer registered in the State of Minnesota,
approved by the City Council and Incorporated as part of the conditions Imposed on the use by the City
Council.
Finding: A professional landscape architect prepared the landscape plan, and civil engineer prepared the site plan
for the administrative application.
(7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the
State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power,
telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part
of the conditions set forth in the CUP approved by the City Council.
Finding: A registered civil engineer prepared drainage and utility plans for the administrative site plan application.
(8) The use is subject to such other additional conditions which the City Council may find necessary to protect
the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in
those situations where the other dimensional standards, performance standards, conditions or requirements
in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these
circumstances, the City Council may impose restrictions and conditions on the 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.
Finding: The City Council may revise recommended conditions or attach additional conditions, as they deem
appropriate to protect the general welfare, public safety, and neighborhood character.
Citv Code Section 1102.1503 Uses Permitted with a Conditional Use Permit.
(8) Outdoor Storage. Conditions:
a. Storage shall be screened with fencing, landscaping, berming or some combination thereof from all property
lines and abutting public rights-of-way. A bufferyard shall be required when the outdoor storage abuts any
property in an "R" Use District, pursuantto subsection 1107.2003.
Finding: Proposed screening includes a 10 foot chain link fence with an attached wind screen. The windscreen does not
appear to adequately screen the site from Welcome Avenue. Staff recommends a solid wood fence be installed just
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Page 2
along Welcome Avenue to comply with this provision. The chain link fence with the wind screen is appropriate in the side
and rear yards.
b. Storage shall not be permitted within any required yards or bufferyards.
Finding: The site plan indicates that outdoor storage meets all required setbacks.
c. Storage areas shall be separated from the vehicular parking and circulation areas. This separation shall be
clearly delineated by a physical separation such as a greenway, curb, fence or line of planters.
Finding: Bus par1<ing is proposed on the perimeter of the site, with the driver par1<ing proposed in the center. Physical
separation is not provided, although staff believes the 40.5 foot separation is appropriate.
d. Stored materials shall not interfere with either on-site or off-site traffic visibility.
Finding: Proposed bus par1<ing is appropriately spaced from the entrance to the site.
e. Inoperative vehicles or equipment or other items typically stored in a junkyard or salvage yard shall not be stored
on land on which storage is permitted with conditions under this Section.
Finding: This will be attached as a condition of approval.
f. All areas used for storage shall be paved.
Finding: The par1<ing lot is paved.
3. The Conditional Use Permit is hereby approved on the property legally described as follows:
That part of the East Three-Fourths of the Southeast Quarter of Section 1, Township 114, Range 22, Scott County,
Minnesota, described as follows:
Commencing at the southeast comer of said Section 1: thence on an assumed bearing of North 01 degrees 21
minutes 00 seconds West along the east line of said Section 1, a distance of 1251.72 feet; thence South 88 degrees
39 minutes 00 seconds West a distance of 1875.73 feet; thence South 86 degrees 11 minutes 30 seconds West a
distance of 84.66 feet to the east line of the west 30.00 feet of said East Three-Fourths of said Southeast Quarter;
thence North 86 degrees 11 minutes 30 seconds East a distance of 514.66 feet; thence South a distance of 704.31
feet to the centerline of County State Aid Highway No. 12; thence South 63 degrees 37 minutes 56 seconds East
along said centerline a distance of 73.66 feet; thence North a distance of 412.00 feet; thence East a distance of
944.00 feet to a point hereinafter referred to as point "An; thence North a distance of 244.00 feet; thence West a
distance of 243.86 feet; thence North a distance of 101.00 feet; thence northwesterly along a tangential curve concave
to the west, having a radius of 455.74 feet; a central angle of 12 degrees 48 minutes 17 seconds, an arc length of
101.85 feet to the point of beginning of the land to be described; thence continuing northwesterly along said last
described curve having a radius of 455.74 feet, a central angle of 2 degrees 11 minutes 43 seconds, an arc length of
17.46 feet; thence along a reverse curve concave to the east, having a radius of 424.68 feet, a central angle of 15
degrees 00 minutes 00 seconds, an arc length 111.18 feet; thence North tangent to said last described curve a
distance of1 04.56 feet; thence East a distance of 273.85 feet to the intersection with a line drawn North from the
aforementioned point "An; thence South a distance of 231.43 feet to the intersection with a line drawn East from the
point of beginning; thence West a distance of 255.19 feet to the point of beginning.
Together with a nonexclusive easement for roadway over and across that part of the East Three-Fourths of the
Southeast Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota described as follows:
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Page 3
A strip of land 60.00 feet in width the centerline of which is described as follows:
Commencing at the southeast comer of said Section 1; thence on an assumed bearing of North 01 degrees 21
minutes 00 seconds West along the east line of said section 1, a distance of 1251.72 feet; thence South 88 degrees
39 minutes 00 seconds West a distance of 1875.73 feet; thence South 86 degrees 11 minutes 30 seconds West a
distance of 84.66 feet to the east line of the west 30.00 feet of said East Three-Fourths of said Southeast Quarter;
thence North 86 degrees 11 minutes 30 seconds East a distance of 514.66 feet; thence South a distance of 704.31
feet to the centerline of County State Aid Highway No. 12; thence South 63 degrees 37 minutes 56 seconds East
along said centerline a distance of 73.66 feet; thence North a distance of 412.00 feet; thence East a distance of
700.15 feet to a point hereinafter referred to as point "An, the point of beginning of the line to be described; thence
North a distance of 325.00 feet; thence along a tangential curve concave to the west, having a radius of 455.74 feet, a
central angle of 15 degrees 00 minutes 00 seconds, an arc length of 119.31 feet; thence along a reverse curve
concave to the east having a radius of 424.68 feet, a central angle of 15 degrees 00 minutes 00 seconds, an arc
length of 111.13 feet; thence North tangent to said last described curve, a distance of 304.03 feet and there
terminating.
Together with a strip of land 60.00 feet in width the centerline of which is described as follows:
Beginning at the above referenced point "An; thence southerly along a tangential curve concave to the west, having a
radius of 569.68 feet, a central angle of 15 degrees 00 minutes 00 seconds, a chord bearing of South 7 degrees 30
minutes 00 seconds West, an arc length of 149.14 feet; thence along a reverse curve concave to the east, having a
radius of 491.09 feet, a central angle of 15 degrees 00 minutes 00 seconds, an arc length of 128.57 feet; thence South
tangent to said last described curve a distance of 466.51 feet more or less to the centerline of County State Aid Road
No. 12, and there terminating.
4. The Conditional Use Permit is hereby approved subject to the following conditions:
a) The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after City Council
approval.
b) Improvements shall be constructed pursuant to the plans administratively approved on August 20, 2002, with the
conditions set forth in this report.
c) A solid wood fence shall be installed along Welcome Avenue.
d) A building permit shall be issued prior to the installation of the fence, except for the gate.
e) The two car parking stalls located adjacent to the east property line shall be eliminated from the site plan.
t) Inoperative vehicles or equipment or other items typically stored in a junkyard or salvage yard shall not be stored on site.
g) All conditions listed in Section 1102.1503 (8) 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 outdoor storage of school
buses. The contents of Planning Case Files #03-137 are hereby entered into and made a part of the public record and the
record of the decision for this case.
L:\03 Files\03 CUP's\Berens Outdoor Storage\resolution.DOC
Page 4
Passed and adopted this 15th day of December, 2003.
YES
BlomberQ
Haugen
LeMair
I Petersen
I Zieska
{Seal}
L:\03 Files\03 CUP's\Berens Outdoor Storage\resolution.DOC
Blomber~
Haugen
LeMair
Petersen
Zieska
City Manager,
City of Prior Lake
NO
Page 5
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PLANTING NOTES:
Contractor snail provide one year guarantee of 011 plant materials. The guarantee
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planting. Replacement plant materials shall also have a one year guarantee
commencing upon planting.
Contractor sholl verify locations with aU utilmes prior to installation of plont..
All plants ta b. northern-grown and hardy. Plants ta be installed os per standard
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Owner shall be responsible for maintenance after acceptance of the worle by the Owner.
Plonts shail be immediately planted upon arr"ival at site. Properly heel-in
moterials if necessary. tempOf'"ory only.
All disturbed areas to be sodded unless otherwise noted; sod to be standord
northern-grown and hardy bluegrass mix.
All planting beds sholl hove (4 oz. min.) weed borrier fabric. 4" of mulcn and
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Planning Commission Meeting
November 24, 2003
Stamson:
. Concu ith staff - they did a good job. The uses are appropriate for the
residen . al and commercial/industrial districts.
. As far a density - It is important to know this is Low to Medium density. The
alternativ is high density. This density proposed will allow townhomes. It is
essentially e same designation as the Bohnsack property. This addresses the
speaker's (B wn) concern.
. Support.
//
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Perez:
. The letter from th Watershed District it addresses the lake level and the
designations.
. They also mention th . r desire to acquire land for open space and watelstorage.
Has there been any dis ussions on that? .
. Kansier responded she d not be involved in any discussions. Th~{City does not
own the land and the Wa rshed District will have to work with.the property
owners. However, the Ci has an ongoing relationship with the District and
work very closely with the The City would support theirjndeavors and be of
whatever assistance in that mer. /
. The other thought is what Mr. rown brought up as far ~ the designation. The
density was explained and give the options. His iss was affordability with the
limitations.
. Does not see any other issues.
Stamson:
. Asked Mr. Brown ifhe understood the ro osal. Brown said he is more
comfortable. He didn't understand the d erence between Rl to R2 and density.
Stamson explained the Comprehensiv I and zoning processes. There are
specific concerns with the Watershe and . The Bohnsack property is under
the same density.
. A large number ofthe townhous projects in th City are under the 3.6 units per
acre.
. Brown said he had more of 5 to 6 unit plan in mi which would make the price
unit around $200,000 rath than the $400,000.
MOTION BY ATWOOD, SE OND BY RINGSTAD, TO RECO
OF THE AMENDMENT T ADD APPROXIMATELY 380 AC TO THE 2020
COMPREHENSIVE L USE PLAN TO DESIGNATE THS ARE
USES AND C-HG USE .
Vote taken indicate yes by all. MOTION CARRIED.
This matter will 0 before City Council on December 15,2003.
B. Case #03-137 Kevin Berens is requesting a Conditional Use Permit for
outdoor storage on property located in the 1-1 General Industrial Use District.
~
L:\03 Files\03 Planning Comm\03pcMinutes\MNl12403.doc
4
Planning Commission Meeting
November 24, 2003
Planner Cynthia Kirchoff presented the Planning Report dated November 24,2003, on
file in the office of the City Planning Department.
Kevin Berens is requesting a Conditional Use Permit to allow the outdoor storage of
school buses on property located at 16731 Welcome Avenue. The property is zoned 1-1
(General Business) and is guided I-PI (Planned Industrial) on the 2020 Comprehensive
Land Use Plan Map. Outdoor storage is a Conditional Use in the 1-1 use district. The
applicant is currently storing buses on the site without the benefit of screening or
landscaping, out of compliance with the administratively approved site plan.
On August 20, 2002, staff administratively approved a site plan for the outdoor storage of
buses on the subject property with conditions. Since the property is located within a
landlocked watershed basin (Markley Lake), Berens Bus Company entered into an
Agreement for Monitoring and Maintenance Plan with the City. The City Council
approved the execution ofthis agreement on August 5, 2002.
The site plan was approved on the condition the outdoor storage be screened with a solid
fence 6 feet in height. Instead, the applicant proposes to screen the buses by means of a
10 foot tall chain link fence with a "windscreen." The proposed windscreen is
inconsistent with the approved plan.
On November 3, 2003, the City Council amended the Zoning Ordinance to require a
Conditional Use Permit for outdoor storage in the I-I use district with conditions.
The staff recommended approval with the following conditions:
1. The applicant shall record the Conditional Use Permit at Scott County no later
than 60 days after City Council approval.
2. Improvements shall be constructed pursuant to the plans administratively
approved on August 20, 2002, with the conditions set forth in this report.
3. A solid wood fence shall be installed along Welcome Avenue.
4. A building permit shall be issued prior to the installation of the fence.
5. The two-car parking stalls located adjacent to the east property line shall be
eliminated from the site plan.
6. Inoperative vehicles or equipment or other items typically stored in a junkyard or
salvage yard shall not be stored on site.
7. All conditions listed in Section 1102.1503 (8) of the Zoning Ordinance shall be
met.
Stamson questioned the parking ordinance since buses are not specifically mentioned
under the general rules. Normally the City requires only 2 stalls. The concern is for the
use it is inadequate. In this case, the applicant has provided as may stalls as buses. Do
we use the general parking ordinance? Or if the applicant came in and said he was only
going to put in 2 stalls, would it have been approved? Kirchoff explained the staff would
L:\03 Files\03 Planning Comm\03pcMinutes\MNI12403.doc
5
Planning Commission Meeting
November 24, 2003
look at how many buses he would be parking on the property and then try to have the
applicant accommodate that many stalls for the bus parking. Stamson agreed.
Lemke questioned Condition 5 - regarding the 2 car parking stall located adjacent to the
east property line shall be eliminated from the site plan. Kirchoff explained the two
parking stalls on the plan do not meet the minimum ordinance requirements. The depth is
not adequate.
Comments from the public:
Applicants Kevin and Geri Berens, stated they reviewed staffs conditions proposed by
staff and are okay with everything except condition #3 with the solid wood fence. One of
the problems they ran into with the different fence companies who came out to view the
site and give ideas felt the wood gate is too heavy and would not get proper closure after
a few years. The fencing companies said they would not guaranty the wood holding up
after a number of years. The wood gate and slope of the driveway were a concern with
all three companies. Welcome Avenue is also a private driveway and their property is the
second to the end and little or no traffic. Geri Berens said they are not trying to disagree
but felt staffs condition would not work well in this situation.
Stamson questioned if the applicant meant the gate as opposed to the mounted part of the
fence. Berens said it was and the slope of the driveway was also a concern. All three
companies came to the same conclusion. There are also holding ponds on each side of
the driveway.
Atwood questioned the driveway width. Berens said it should be about 35 feet.
Berens said the concern is the wooden gate. It is too heavy and the companies will not
guaranty it will last.
Atwood questioned the driveway grade. Kevin said he did not know.
Ringstad questioned the cost difference between the wood and chain fence. Kevin
Berens said the wood product would be about half of what the chain link and screening
is. Berens said they would like to be consistent with the mesh 96% screen blockage
instead of the 6 foot high wood fence to hide a 10 foot bus.
Atwood questioned if staff intended it to be a 10 foot wood fence. Kansier said the site
plan was approved prior to the ordinance. The ordinance called for a 6' solid fence.
Staffs recommendation is to make the applicant go with a 10 foot wood fence. Six feet
would be adequate.
Perez questioned the property to the north. Kevin Berens said it was Nickelson
Construction. Berens also explained the upkeep with the wood fence. There would be
less problems with a chain link fence.
L:\03 Files\03 Planning Comm\03pcMinutes\MNI12403.doc
6
Planning Commission Meeting
November 24. 2003
The public hearing was closed.
Comments from the Commissioners:
Atwood:
. Would like to talk about the driveway and the weight ofthe wood. Does staff
have other options? Kansier said they would not have any other objections to
something other than the wood gate. Staff felt the wood along the front of the
road, is that at some point in the future especially as this area has services
available that you will see more intensive uses other than what is there now. Staff
also felt the applicant's proposed screening in the sides and rear are adequate as it
is not visible from the public road. Staff thought that with the landscaping and the
6 foot wood fence along the front was a better screen.
. Agreed - Cannot find a compelling argument to put up the chain link on all for
sides. The front of the property should be wood - it would look nicer and have
better curb appeal. Recognize the wood gate would be difficult at that size
although I would support staffs findings with the condition of the gate.
Lemke:
. Is the wood recommended because it has 100% screening? Kansier said the wood
fence is 100% opaque. It is a better visual barrier for the buses.
. Originally felt a wood fence along the front made sense, but after listening to the
applicant I'm not sure what the problem is if three sides were chain link and they
have a 35 foot chain gate. Not convinced putting two wood panels along side of
either side is any better. It is not going to hide the buses.
. The chain link screening all the way around is appropriate for this property.
Ringstad:
. Respectfully disagree with Lemke. Like the compromise approach discussed
where the gate can remain a chain link.
. Understands where a wood gate could cause problems in the future - that is why I
would support a compromise with the chain link gate and wood on the front.
Stamson:
. The aesthetics going forward is something to consider. Right now there is plenty
of chain link fences in that neighborhood. It is not inappropriate at this time but
with development later on I would think at least along the street have something a
little better.
. That is the standard elsewhere in commercial districts.
. The maintenance is not an issue. Both wood and chain are not maintenance free.
There are pretty ratty old chain link fences.
. The one thing that leans me to allowing the chain link fence - it is better to have a
10 foot chain fence for screening and would consider that option but it would
require more landscaping along the property with additional trees and bushes.
Although not opposed to requiring a wood fence either.
L:\03 Files\03 Planning Comm\03pcMinutes\MNI12403.doc
7
Planning Commission Meeting
November 24, 2003
. It makes sense to have a chain gate or some other kind of material. It is more
functional.
. It needs to be somewhat nicer than the current chain link fence. Either a chain
link with increased landscaping or the wood fence in the stationary positions.
Perez:
. Agreed with Lemke - If it were anywhere else I could see the wood fence. But
when we start talking aesthetics and getting into the hodgepodge with the wood
fence and gate with chain link. It would look better with a chain fence all the way
around.
. Agreed with Stamson on the landscaping. It would be a good compromise.
. Fine with chain link all the way around.
Open discussion:
Atwood said the frontage is 200 feet. It is a long piece of property.
Ringstad said there is a substantial amount of frontage with a 35 foot front gate so there is
still 165 feet debating if it should be wood or chain. It will have an aesthetic appeal for
people using it now and people using it in the future.
Lemke pointed out the plan submitted has significant landscaping.
Kirchoffbriefly explained the landscaping.
Atwood felt the aesthetics were important - appreciates the maintenance, but it needs a
little more curb appeal.
Lemke pointed out if the cost was more it would be an issue. The applicant is not saying
they can't put up a wood fence because it costs more than the chain link fence. It is
practically a dead-end road, they are storing school buses. It is awfully difficult to get 10
foot wood fence. They would have to be built like the fences on the interstate. Not
saying it doesn't look better, but in this particular incident a chain link 96% opaque fence
is an appropriate use.
Atwood pointed out the distance between the fencing and the first parking stalls. Atwood
said she would be willing to change ifthere were more of a buffer area to screen with
landscaping.
MOTION BY ATWOOD, SECOND BY RINGSTAD, TO RECOMMEND APPROVAL
OF A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE WITH STAFF'S
CONDITIONS AMENDING CONDITON #3 REGARDING A SOLID WOOD FENCE
ACCEPTING FOR THE GATE ACROSS THE DRIVEWAY.
Vote taken indicated ayes by Atwood, Ringstad and Stamson. Nays by Lemke and Perez.
MOTION CARRIED.
L:\03 Files\03 Planning Comm\03pcMinutes\MNl12403.doc
8
Planning Commission Meeting
November 24, 2003
This item will go before the City Council on December 15,2003.
C. Case #03-125 R & K Sales, Inc. is requesting to rezone approximately 20
acres of land from A (Agriculture) to R4 (High Density Residential) on property
located north of County Road 42, west of Pike Lake Trail and south of Pike Lake.
Planner Cynthia Kirchoff presented the Planning Report dated November 24,2003, on
file in the office of the City Planning Department.
R & K Sales, Inc. is requesting to rezone approximately 19 acres on property located
north ofCSAH 42, west of Pike Lake Trail, and south of Pike Lake. The 2020
Comprehensive Plan guides the property R-HD (Urban High Density Residential). The
applicant is requesting the zoning map amendment to facilitate the development of the
site for townhomes.
This property is presently zoned A (Agricultural), which is inconsistent with the
comprehensive land use plan designation. The 2020 Comprehensive Land Use Plan Map
designates the property for R-HD uses. Corresponding zoning is R-4 (High Density
Residential). Within this designation, density is permitted to be a maximum of 30 units
per acre.
The applicant is proposing to develop the property for townhomes. Thus, the property
must be rezoned from its current classification, A, to R-4. The R-4 zoning classification
is consistent with the R-HD land use designation on the 2020 Comprehensive Land Use
Plan Map. Based upon the findings set forth in this report, staff recommended approval.
Lemke questioned the letter from Scott County referencing the drainage to the pond.
Kansier said the County is referencing the City's easements for utilities which includes
storm water.
Comments from the public:
Applicant, Randy Simpson, R & K Sales, 2940 179th , Prior Lake, at this time they have
no direct developing plan at this time they are just asking for a rezoning. The R4 density
would allow for apartments and PUD's.
Stamson asked ifthey owned the single family house included in the application.
Simpson said "No", there is a roadway easement to the house.
Julie Garwood, 13900 Pike Lake Trail, stated she was concerned with the easement to her
property and the runoff. Stamson said when the time for the actual development occurs,
the staff and Commissioners look at runoff very carefully. Kansier said with any
development staff insures you will have access to your home. You would have continued
access. The details would come out with the development.
L:\03 Files\03 Planning Comm\03pcMinutes\MNI12403.doc
9
CITY COUNCIL AGENDA REPORT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
JANUARY 5, 2004
6B
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
CONSIDER A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
FOR THE OUTDOOR STORAGE OF SCHOOL BUSES
(Case file #03.137PC . BERENS)
Historv: On December 15, 2003, the City Council reviewed Kevin Beren's
request for a Conditional Use Permit to store school buses on property
located on Welcome Avenue. The Council directed staff to prepare a
resolution consistent with the Council's findings to approve the application.
The City Council felt as though a chain link fence was appropriate for this area
of Prior Lake, and did not want to require the fence along Welcome Avenue to
be upgraded to wood, as recommended by staff and the Planning
Commission.
Conclusion: The attached resolution is consistent with the City Council's
direction for approval of the Conditional Use Permit for the outdoor storage of
school buses to be screened by means of a 10 foot tall chain link fence with
96 percent opaque windscreen.
The City Council has two alternatives:
1. Adopt the attached resolution approving the Conditional Use Permit for the
outdoor storage of buses with Council directed modifications.
2. Table or continue consideration of this item for specific reasons.
The staff recommends alternative # 1. The following motion is required:
A motion and second as part of the Consent Agenda to approve Resolution
03-XX approving the C ~nditional Use Permit for the outdoor storage of school
bU~.~ 1
Frank Boyles,
L:\03 Files\03 CUP's\Berens Outdoor Storage\cc c~~PJiorlake.com
1
Phone 952.447.4230 / Fax 952.447.4245
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION 04-XX
APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE OUTDOOR STORAGE OF SCHOOL BUSES ON PROPERTY
LOCATED ON WELCOME AVENUE SE
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY:
SECOND BY:
The Prior Lake Planning Commission conducted a public hearing on November 24, 2003, to consider
an application from Kevin Berens for a Conditional Use Permit (CUP) to allow the outdoor storage of
school buses on property located on Welcome Avenue; 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 repair; and
The Planning Commission recommended the City Council approve the CUP with specific conditions;
and
The City Council considered the CUP application for the outdoor storage of school buses at its
regular meeting on December 15, 2003; and
The City Council finds the CUP for the outdoor storage of school buses 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.
Finding: 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 to "maintain proper physical site screening and
landscaping standards." The outdoor storage of buses is 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.
Finding: The use will not be detrimental to the health, safety, and general welfare of the community as a whole
provided all conditions of approval are met.
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Phone 952.447.4230 / Fax 952.447.4245
(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.
Finding: One purpose of the Zoning Ordinance is to "enhance the aesthetic character and appearance of the City." A
10 foot tall chain link fence with windscreen is consistent with the purpose of the Zoning Ordinance.
The purpose of the 1-1 use district is "to provide areas of the community that will allow general industrial uses that, due
to their size and nature, would not conform to the 'e-5' Business Park Use District." Outdoor storage of school buses
is appropriate for this district because of aesthetics and traffic generation.
(4) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are
either existing or proposed.
Finding: So long as all conditions of approval are adhered to, the uses will not over burden municipal facilities.
(5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the
conditional use.
Finding: The Zoning Ordinance places conditions on outdoor storage in the 1-1 use district to protect adjacent uses.
Provided all conditions are met, the use will not have undue adverse impacts on the properties in close proximity.
(6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the
direction of a professional landscape architect, or civil engineer registered in the State of Minnesota,
approved by the City Council and incorporated as part of the conditions imposed on the use by the City
Council.
Finding: A professional landscape architect prepared the landscape plan, and a civil engineer prepared the site plan
for the administrative application.
(7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the
State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power,
telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part
of the conditions set forth in the CUP approved by the City Council.
Finding: A registered civil engineer prepared drainage and utility plans for the administrative site plan application.
(8) The use is subject to such other additional conditions which the City Council may find necessary to protect
the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in
those situations where the other dimensional standards, performance standards, conditions or requirements
in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these
circumstances, the City Council may impose restrictions and conditions on the 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.
Finding: The City Council may revise recommended conditions or attach additional conditions, as they deem
appropriate to protect the general welfare, public safety, and neighborhood character.
Citv Code Section 1102.1503 Uses Permitted with a Conditional Use Permit
(8) Outdoor Storage. Conditions:
a. Storage shall be screened with fencing, landscaping, berming or some combination thereof from all property
lines and abutting public rights-of-way. A bufferyard shall be required when the outdoor storage abuts any
property in an "R" Use District, pursuantto subsection 1107.2003.
Finding: Proposed screening includes a 10 foot chain link fence with an attached wind screen. The windscreen
adequately screens the site and satisfies this condition.
b. Storage shall not be permitted within any required yards or bufferyards.
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Finding: The site plan indicates that outdoor storage meets all required setbacks.
c. Storage areas shall be separated from the vehicular parking and circulation areas. This separation shall be
clearly delineated by a physical separation such as a greenway, curb, fence or line of planters.
Finding: Bus parking is proposed on the perimeter of the site, with the driver parking proposed in the center. Physical
separation is not provided, although staff believes the 40.5 foot separation is appropriate.
d. Stored materials shall not interfere with either on-site or off-site traffic visibility.
Finding: Proposed bus parking is appropriately spaced from the entrance to the site.
e. Inoperative vehicles or equipment or other items typically stored in a junkyard or salvage yard shall not be stored
on land on which storage is permitted with conditions under this Section.
Finding: This will be attached as a condition of approval.
f. All areas used for storage shall be paved.
Finding: The parking lot is paved.
3. The Conditional Use Permit is hereby approved on the property legally described as follows:
That part of the East Three-Fourths of the Southeast Quarter of Section 1, Township 114, Range 22, Scott County,
Minnesota, described as follows:
Commencing at the southeast corner of said Section 1: thence on an assumed bearing of North 01 degrees 21
minutes 00 seconds West along the east line of said Section 1, a distance of 1251.72 feet; thence South 88 degrees
39 minutes 00 seconds West a distance of 1875.73 feet; thence South 86 degrees 11 minutes 30 seconds West a
distance of 84.66 feet to the east line of the west 30.00 feet of said East Three-Fourths of said Southeast Quarter;
thence North 86 degrees 11 minutes 30 seconds East a distance of 514.66 feet; thence South a distance of 704.31
feet to the centerline of County State Aid Highway No. 12; thence South 63 degrees 37 minutes 56 seconds East
along said centerline a distance of 73.66 feet; thence North a distance of 412.00 feet; thence East a distance of
944.00 feet to a point hereinafter referred to as point "An; thence North a distance of 244.00 feet; thence West a
distance of 243.86 feet; thence North a distance of 101.00 feet; thence northwesterly along a tangential curve concave
to the west, having a radius of 455.74 feet; a central angle of 12 degrees 48 minutes 17 seconds, an arc length of
101.85 feet to the point of beginning of the land to be described; thence continuing northwesterly along said last
described curve having a radius of 455.74 feet, a central angle of 2 degrees 11 minutes 43 seconds, an arc length of
17.46 feet; thence along a reverse curve concave to the east, having a radius of 424.68 feet, a central angle of 15
degrees 00 minutes 00 seconds, an arc length 111.18 feet; thence North tangent to said last described curve a
distance of104.56 feet; thence East a distance of 273.85 feet to the intersection with a line drawn North from the
aforementioned point "A"; thence South a distance of 231.43 feet to the intersection with a line drawn East from the
point of beginning; thence West a distance of 255.19 feet to the point of beginning.
Together with a nonexclusive easement for roadway over and across that part of the East Three-Fourths of the
Southeast Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota described as follows:
A strip of land 60.00 feet in width the centerline of which is described as follows:
Commencing at the southeast corner of said Section 1; thence on an assumed bearing of North 01 degrees 21
minutes 00 seconds West along the east line of said section 1, a distance of 1251.72 feet; thence South 88 degrees
L:\03 Files\03 CUP's\Berens Outdoor Storage\resolution.DOC Page 3
39 minutes 00 seconds West a distance of 1875.73 feet; thence South 86 degrees 11 minutes 30 seconds West a
distance of 84.66 feet to the east line of the west 30.00 feet of said East Three-Fourths of said Southeast Quarter;
thence North 86 degrees 11 minutes 30 seconds East a distance of 514.66 feet; thence South a distance of 704.31
feet to the centerline of County State Aid Highway No. 12; thence South 63 degrees 37 minutes 56 seconds East
along said centerline a distance of 73.66 feet; thence North a distance of 412.00 feet; thence East a distance of
700.15 feet to a point hereinafter referred to as point "A", the point of beginning of the line to be described; thence
North a distance of 325.00 feet; thence along a tangential curve concave to the west, having a radius of 455.74 feet, a
central angle of 15 degrees 00 minutes 00 seconds, an arc length of 119.31 feet; thence along a reverse curve
concave to the east having a radius of 424.68 feet, a central angle of 15 degrees 00 minutes 00 seconds, an arc
length of 111.13 feet; thence North tangent to said last described curve, a distance of 304.03 feet and there
terminating.
Together with a strip of land 60.00 feet in width the centerline of which is described as follows:
Beginning at the above referenced point "A"; thence southerly along a tangential curve concave to the west, having a
radius of 569.68 feet, a central angle of 15 degrees 00 minutes 00 seconds, a chord bearing of South 7 degrees 30
minutes 00 seconds West, an arc length of 149.14 feet; thence along a reverse curve concave to the east, having a
radius of 491.09 feet, a central angle of 15 degrees 00 minutes 00 seconds, an arc length of 128.57 feet; thence South
tangent to said last described curve a distance of 466.51 feet more or less to the centerline of County State Aid Road
No. 12, and there terminating.
4. The Conditional Use Permit is hereby approved subject to the following conditions:
a) The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after City Council
approval.
b) Improvements shall be constructed pursuant to the plans administratively approved on August 20, 2002, with the
conditions set forth in this report.
c) A 10 foot tall chain link fence with a 96 percent opaque fabric windscreen shall be installed along the perimeter of the
site.
d) A building permit shall be issued prior to the installation of the fence.
e) The two car parking stalls located adjacent to the east property line shall be eliminated from the site plan.
t) Inoperative vehicles or equipment or other items typically stored in a junkyard or salvage yard shall not be stored on site.
g) All conditions listed in Section 1102.1503 (8) of the Zoning Ordinance shall be met.
h) A 2-year letter of credit (LOC) guaranteeing the landscaping approved on August 20, 2002, as part of the
administrative site plan must be submitted. The LOC must be an amount equal to 125% of the cost of the
landscaping, including installation. This cost may be determined by a bid or estimate from a landscape company
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for outdoor storage of school
buses. The contents of Planning Case Files #03-137 are hereby entered into and made a part of the public record and the
record of the decision for this case.
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Page 4
Passed and adopted this 5th day of January, 2004.
YES
I Blomberg
I Haugen
I LeMair
Petersen
Zieska
{Seal}
L:\03 Files\03 CUP's\Berens Outdoor Storage\resolution.DOC
Blomberg
Haugen
LeMair
Petersen
Zieska
City Manager,
City of Prior Lake
NO
Page 5
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Planning Commission Meeting
November 24, 2003
Stamson:
. Concur with staff - they did a good job. The uses are appropriate for the
residential and commerciaVindustrial districts.
. As far as density - It is important to know this is Low to Medium density. The
alternative is high density. This density proposed will allow townhomes. It is
essentially the same designation as the Bohnsack property. This addresses the
speaker's (Brown) concern.
. Support.
Perez:
. The letter from the Watershed District addresses the lake level and the
designations.
. They also mention their desire to acquire land for open space and water storage.
Have there been any discussions on that?
. Kansier responded she had not been involved in any discussions. The City does
not own the land and the Watershed District will have to work with the property
owners. However, the City has an ongoing relationship with the District and
work very closely with them. The City would support their endeavors and be of
whatever assistance in that manner.
. The other thought is what Mr. Brown brought up as far as the designation. The
density was explained and gives the options. His issue was affordability with the
limitations.
. Does not see any other issues.
Stamson:
. Asked Mr. Brown ifhe understood the proposal. Brown said he is more
comfortable. He didn't understand the difference between RI to R2 and density.
Stamson explained the Comprehensive Plan and zoning processes. There are
specific concerns with the Watershed and DNR. The Bohnsack property is under
the same density.
. A large number of the townhouse projects in the City are under the 3.6 units per
acre.
. Brown said he had more of a 5 to 6 unit plan in mind which would make the price
unit around $200,000 rather than the $400,000.
MOTION BY ATWOOD, SECOND BY RINGSTAD, TO RECOMMEND APPROVAL
OF THE AMENDMENT TO ADD APPROXIMATELY 380 ACRES TO THE 2020
COMPREHENSIVE LAND USE PLAN TO DESIGNATE THS AREA FOR R-L/MD
USES AND C-HG USES.
Vote taken indicated ayes by all. MOTION CARRIED.
This matter will go before City Council on December 15,2003.
B. Case #03-137 Kevin Berens is requesting a Conditional Use Permit for
outdoor storage on property located in the 1-1 General Industrial Use District.
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4
Planning Commission Meeting
November 24, 2003
Planner Cynthia Kirchoff presented the Planning Report dated November 24,2003, on
file in the office of the City Planning Department.
Kevin Berens is requesting a Conditional Use Permit to allow the outdoor storage of
school buses on property located at 16731 Welcome Avenue. The property is zoned 1-1
(General Business) and is guided I-PI (Planned Industrial) on the 2020 Comprehensive
Land Use Plan Map. Outdoor storage is a Conditional Use in the I-I use district. The
applicant is currently storing buses on the site without the benefit of screening or
landscaping, out of compliance with the administratively approved site plan.
On August 20, 2002, staff administratively approved a site plan for the outdoor storage of
buses on the subject property with conditions. Since the property is located within a
landlocked watershed basin (Markley Lake), Berens Bus Company entered into an
Agreement for Monitoring and Maintenance Plan with the City. The City Council
approved the execution of this agreement on August 5, 2002.
The site plan was approved on the condition the outdoor storage be screened with a solid
fence 6 feet in height. Instead, the applicant proposes to screen the buses by means of a
10 foot tall chain link fence with a "windscreen." The proposed windscreen is
inconsistent with the approved plan.
On November 3, 2003, the City Council amended the Zoning Ordinance to require a
Conditional Use Permit for outdoor storage in the 1-1 use district with conditions.
The staff recommended approval with the following conditions:
1. The applicant shall record the Conditional Use Permit at Scott County no later
than 60 days after City Council approval.
2. Improvements shall be constructed pursuant to the plans administratively
approved on August 20, 2002, with the conditions set forth in this report.
3. A solid wood fence shall be installed along Welcome Avenue.
4. A building permit shall be issued prior to the installation of the fence.
5. The two-car parking stalls located adjacent to the east property line shall be
eliminated from the site plan.
6. Inoperative vehicles or equipment or other items typically stored in a junkyard or
salvage yard shall not be stored on site.
7. All conditions listed in Section 1102.1503 (8) of the Zoning Ordinance shall be
met.
Stamson questioned the parking ordinance since buses are not specifically mentioned
under the general rules. Normally the City requires 2 stalls which are adequate. In this
case, the applicant has provided as many stalls as buses. Do we use the general parking
ordinance? Or if the applicant came in and said he was only going to put in 2 stalls,
would it have been approved? Kirchoff explained the staff would look at how many
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5
Planning Commission Meeting
November 24, 2003
buses he would be parking on the property and then try to have the applicant
accommodate that many stalls for the bus parking. Stamson agreed.
Lemke questioned Condition 5 - regarding the 2 car parking stall located adjacent to the
east property line shall be eliminated from the site plan. Kirchoff explained the two
parking stalls on the plan do not meet the minimum ordinance requirements. The depth is
not adequate.
Comments from the public:
Applicants Kevin and Geri Berens stated they reviewed the conditions proposed by staff
and are okay with everything except condition #3 regarding the solid wood fence. One of
the problems they ran into with the different fence companies who came out to view the
site and give ideas felt a wood gate is too heavy and would not maintain proper closure
after a few years. The fencing companies said they would not guarantee the wood
holding up after a number of years. The wood gate and slope of the driveway were a
concern with all three companies. W e1come Avenue is also a private driveway and their
property is the second to the end and little or no traffic. Geri Berens said they are not
trying to disagree but felt staffs condition would not work well in this situation.
Stamson questioned if the applicant meant just the gate as opposed to the mounted part of
the fence. Berens said it was - and the slope of the driveway was also an issue. All three
companies came to the same conclusion. There are also holding ponds on each side of
the driveway.
Atwood questioned the driveway width. Berens said it should be about 35 feet.
Berens said the concern is the wooden gate. It is too heavy and the companies will not
guarantee it will last.
Atwood questioned the driveway grade. Kevin Berens said he did not know.
Ringstad questioned the cost difference between the wood and chain fence. Kevin
Berens said the wood product would be about half the price of a chain link and screening.
He said they would like to be consistent with the mesh screen 96% blockage instead of
the 6 foot high wood fence to hide a 10 foot bus.
Atwood questioned if staff intended it to be a 10 foot wood fence. Kansier said the site
plan was approved prior to the ordinance. The ordinance called for a 6' solid fence.
Staffs recommendation is to make the applicant go with a 10 foot wood fence. Six feet
would be adequate.
Perez questioned the property to the north. Kevin Berens said it was occupied by
Mickelson Construction. Berens also explained the upkeep with the wood fence. There
would be fewer problems with a chain link fence.
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Planning Commission Meeting
November 24, 2003
The public hearing was closed.
Comments from the Commissioners:
Atwood:
. Would like to talk about the driveway and the weight of the wood. Does staff
have other options? Kansier said they would not have any objections to
something other than the wood gate. Staff felt the wood along the front of the
road, excluding the gate would be acceptable. At some point in the future,
especially as this area has services available there will be more intensive uses
other than what is there now. Staff also felt the applicant's proposed screening in
the sides and rear are adequate as it is not visible from the public road. Staff
thought the landscaping and the 6 foot wood fence along the front was a better
screen.
. Agreed - Cannot find a compelling argument to put up the chain link on all four
sides. The front of the property should be wood - it would look nicer and have
better curb appeal. Recognize the wood gate would be difficult at that size
although I would support staffs findings with the condition of the gate.
Lemke:
. Is the wood recommended because it has 100% screening? Kansier said the wood
fence is 100% opaque. It is a better visual barrier for the buses.
. Originally felt a wood fence along the front made sense, but after listening to the
applicant I'm not sure what the problem is if three sides were chain link and they
have a 35 foot chain gate. Not convinced putting two wood panels along side of
either side are any better. It is not going to hide the buses.
. The chain link screening all the way around is appropriate for this property.
Ringstad:
. Respectfully disagree with Lemke. Like the compromise approach discussed
where the gate can remain a chain link.
. Understands where a wood gate could cause problems in the future - that is why I
would support a compromise with the chain link gate and wood along the front.
Stamson:
. The aesthetics going forward is something to consider. Right now there are
plenty of chain link fences in that neighborhood. It is not inappropriate at this
time but with future development I would think at least along the street have
something a little better.
. That is the standard elsewhere in commercial districts.
. The maintenance is not an issue. Both wood and chain are not maintenance-free.
There are pretty ratty old chain link fences.
. The one thing that leans me to allowing the chain link fence - it is better to have a
10 foot chain fence for screening and would consider that option but it would
require more landscaping along the property with additional trees and bushes.
Although not opposed to requiring a wood fence either.
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Planning Commission Meeting
November 24, 2003
. It makes sense to have a chain gate or some other kind of material. It is more
functional.
. It needs to be somewhat nicer than the current chain link fence. Either a chain
link with increased landscaping or the wood fence in the stationary positions.
Perez:
. Agreed with Lemke - If it were anywhere else I could see the wood fence. When
we start talking aesthetics and getting into the hodgepodge with the wood fence
and gate with chain link it would look better with a chain fence all the way
around.
. Agreed with Stamson on the landscaping. It would be a good compromise.
. Fine with chain link all the way around.
Open discussion:
Atwood said the frontage is 200 feet. It is a long piece of property.
Ringstad said there is a substantial amount of frontage with a 35 foot front gate so there is
still 165 feet - debating if it should be wood or chain. It will have an aesthetic appeal for
people using it now and people using it in the future.
Lemke pointed out the plan submitted has significant landscaping.
Kirchoffbriefly explained the landscaping.
Atwood felt the aesthetics were important - appreciates the maintenance, but it needs a
little more curb appeal.
Lemke pointed out if the cost was more it would be an issue. The applicant is not saying
they can't put up a wood fence because it costs more than the chain link fence. It is
practically a dead-end road, they are storing school buses. It is awfully difficult to get a
10 foot wood fence. They would have to be built like the fences on the interstate. Not
saying it doesn't look better, but in this particular incident a chain link 96% opaque fence
is an appropriate use.
Atwood pointed out the distance between the fencing and the first parking stalls. Atwood
said she would be willing to change if there were more of a buffer area to screen with
landscaping.
MOTION BY ATWOOD, SECOND BY RINGSTAD, TO RECOMMEND APPROVAL
OF A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE WITH STAFF'S
CONDITIONS AMENDING CONDITON #3 REGARDING A SOLID WOOD FENCE
EXCEPT FOR THE GATE ACROSS THE DRIVEWAY.
Vote taken indicated ayes by Atwood, Ringstad and Stamson. Nays by Lemke and Perez.
MOTION CARRIED.
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8
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Planning Commission Meeting
November 24. 2003
This item will go before the City Council on December 15, 2003.
C. Case #03-125 R & K Sales, Inc. is requesting to rezone approximately 20
acres of land from A (Agriculture) to R4 (High Density Residential) on property
located north of County Road 42, west of Pike Lake Trail and south of Pike Lake.
Planner Cynthia Kirchoff presented the Planning Report dated November 24,2003, on
file in the office of the City Planning Department.
R & K Sales, Inc. is requesting to rezone approximately 19 acres on property located
north ofCSAH 42, west of Pike Lake Trail, and south of Pike Lake. The 2020
Comprehensive Plan guides the property R-HD (Urban High Density Residential). The
applicant is requesting the zoning map amendment to facilitate the development of the
site for townhomes.
This property is presently zoned A (Agricultural), which is inconsistent with the
comprehensive land use plan designation. The 2020 Comprehensive Land Use Plan Map
designates the property for R-HD uses. Corresponding zoning is R-4 (High Density
Residential). Within this designation, density is permitted to be a maximum of 30 units
per acre.
The applicant is proposing to develop the property for townhomes. Thus, the property
must be rezoned from its current classification, A, to R-4. The R-4 zoning classification
is consistent with the R-HD land use designation on the 2020 Comprehensive Land Use
Plan Map. Based upon the findings set forth in this report, staff recommended approval.
Lemke questioned the letter from Scott County referencing the drainage to the pond.
Kansier said the County is referencing the City's easements for utilities which include
storm water.
Comments from the public:
Applicant, Randy Simpson, R & K Sales, 2940 179th Street, said at this time they have no
direct development plan, they are just asking for rezoning. The R4 density would allow
apartments and PUD' s.
Stamson asked if they owned the single family house included in the application.
Simpson replied it was not, there is a roadway easement to the house.
Julie Garwood, 13900 Pike Lake Trail, stated she was concerned with the easement to her
property and the runoff. Stamson said when the time for the actual development occurs;
the staff and Commissioners look at runoff very carefully. Kansier said with any
development staff insures access to a home. The details would come out with the
development.
..
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9
City Council Meeting Minutes
November 3, 2003
leMair: Believed that something needs to be done, and that parking along the golf course needs to be moved. Supported
the comments by Councilmember Blomberg. Would like to see No Parking along either side and believed that the issue will
need to be revisited as truer numbers are acquired.
There was some disruption from the audience.
Hauaen: Asked that the disruption cease and requested that the audience members allow the Council the opportunity to
professionally finish their discussion without interruption or semantics.
Zleska: Reviewed the process necessary for input from the residents on issues. Complimented Bryan Fleming on initiating
this process in the proper manner.
Blomberq: Believed that volumes in the area will continue to change. Also noted that no striping can take place until this
spring. Suggested tabling this item until spring in order to get more information so a clearer picture can be developed.
leMair: Commented that it seems that implementing some of the measures proposed may address the issues of the
neighborhood. Did not see a problem with delaying until spring.
Zleska: Believed the recommendation of the consultant should be implemented in the spring and that the Council should
revisiting the topic in June or July when the golf season is in full swing. Asked residents to keep the staff and Council
abreast of how the improvements have panned out.
Petersen: Supported the resolution as proposed.
Hauaen: Agreed and suggested an amendment be added to re-visit the topic in June or July.
Osmundson: Clarified that the parking lane would allow parking on the golf course side.
MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE RESOLUTION 03.184 APPROVING THE
RECOMMENDED TRAFFFIC SAFETY IMPROVEMENTS ALONG WILDS PARKWAY.
Hauaen: Suggested adding language to re-visit the issue at a date certain.
Zleska: Believed enough Councilmembers are on the record.
VOTE: Ayes by Haugen, Petersen, and Zieska; Nay by Blomberg and LeMair, the motion carried.
The Council took a brief recess.
Consider Approval of a Zoning Ordinance Amendment Concerning Outdoor Storage in the 1.1 Use District (Case
File #03.1'7).
Kirchoff: Reviewed the agenda item in connection with the staff report.
Blomberq: Asked for staff to clarify its recommendation and the time it would take.
Kirchoff: The staff outlined three options: (1) maintain the existing ordinance requiring a 6 foot opaque fence; (2) change
the ordinance to permit only the required screening and/or landscaping by conditional use permit; or (3) offer an optional
conditional use permit process where the applicant can abide by the 6 foot ordinance requirement or apply for a conditional
6
. ,........._........~...,Iolooi...._..,.,-.._,~._,,:...._......
City Council Meeting Minutes
November 3, 2003
use permit The intent is that the conditional use process would provide an applicant more flexibility although the process
could take 45-60 days.
MOTION BY ZIESKA, SECOND BY LEMAIR, APPROVING ORDINANCE 03.15 AMENDING CITY CODE CONCERNING
OUTDOOR STORAGE IN THE 1-1 USE DISTRICT (Case File #03-107).
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
~EW BUSINESS
Consider Approval of a Zoning Ordinance Amendment Concerning Minimum Lot Width for Riparian Lots on
General Development Lakes (Case File #03-112).
Kirchoff: Reviewed the agenda item in connection with the staff report.
leMalr: Asked for clarification as to whether the applicant's rationale for claiming a lesser front width is because the lot size
is large.
Kirchoff: Confirmed that that is the staff understanding.
Zleska: Asked if a lot can be split into riparian and non-riparian lots.
Kansler: Explained that a lot is required to have dedicated access on a public street. Access across a private property is
not considered direct access.
Hauaen: Asked the rationale for the 90 foot width and clarified the history with combining and splitting the property in the
past
Kansler: Explained that the 90 fqot lot width seems to be a product of the 86 foot lot width required for non-riparian lots.
Riparian lots are deemed to require more lot width because of environmentally sensitive nature. 86 feet was typically what
was required for an average sized home and double garage.
Zleska: Believed that changing the 90 foot lot width opens a whole can of worms regarding issues on the lake. Did not
believe a change is necessary for the public good as a whole.
leMair: Agreed with Councilmember Zieska.
Hauaen: Agreed.
MOTION BY ZIESKA, SECOND BY LEMAIR, TO DENYING AN AMENDMENT TO THE CITY CODE CONCERNING
MINIMUM LOT WIDTH FOR RIPARIAN LOTS ON GENERAL DEVELOPMENT LAKES (Case File #03-112).
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Joint Resolution for Orderly Annexation Between the City of Prior Lake and Spring Lake
Township Pursuant to Minnesota Statutes 414.0325 (Busacker).
Kansler: Reviewed the agenda item in connection with the staff report.
..
7
City Council Meeting Minutes
DRAFT
December 15, 2003
Hauaen: Comfortable with requesting a 45 mph design.
Zleska: Believed this is a relatively flat road. Would like to see the speeds kept as low as possible. Is concerned with the
amount of additional right-of-way that might be required. Suggested that maybe the solution is designing the road at 55 mph
and working with the legislature to get a posted limit of 45 mph.
Osmundson: Advised that several years ago, the City of Apple Valley attempted the same thing and were unsuccessful.
The limits are set by the Commissioner of Transportation and any change would be difficult.
Hauaen: Commented that with additional development, significant traffic could be added. This is not a typical county road.
Did not believe 55mph is appropriate.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of a Resolution Amending the Comprehensive Plan for Property Located in Sections 4, 10, 11
and 12, Spring Lake Township (Case File 03-132).
Kansler: Reviewed the agenda item in connection with the staff report.
Zieska: Asked if-all of the property, other than the Speiker property, is within the Township and will be annexed under the
Orderly Annexation Agreement in January 2004.
Kansier: Confirmed.
Petersen: Asked the difference between a commercial and hospitality designation.
Kansler: Advised that there is very little difference, but the CHG designation that is proposed would be equivalent to a C-4
zoning district.
Hauaen: Asked the zoning for a property with a low-to-medium designation in the Comp Plan.
Kansier: Advised that the corresponding zoning is R-1, R-2 or R-3. The intent is that the orderly annexation area be
primarily zoning R.1 which has a maximum density of 3.6 units per acre.
MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 03-217 AMENDING THE
COMPREHENSIVE PLAN FOR PROPERTY LOCATED IN SECTIONS 4,10,11 AND 12, SPRING LAKE TOWNSHIP
(Case File 03-132).
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Hauaen: Advised that the City spent nearly a year working with the Township on the Orderly Annexation Agreement. This is
the. first step toward annexing those properties planned for annexation in 2004.
NEW BUSINESS
Consider Approval of a Resolution Approving a Conditional Use Permit to Allow the~eutcIoor Storage of School
Buses on Property Located on Welcome A venue.
6
City Council Meeting Minutes
DRAFT
December 15, 2003
Kirchoff: Reviewed the agenda item in connection with the staff report.
LeMalr: Asked the difference between the wood fence we are requiring and the fence proposed by Mr. Berens.
Kirchoff: Advised that a wood fence provides greater screening and a better aesthetic along Welcome Avenue. Providing
screening is a condition of the Conditional Use Permit in an 1-1 district. Typically screening is necessary along right-of-way
or between uses that are incompatible.
Zieska: Asked if the land across Welcome Avenue is 1-1? Also asked if there is a more intensive zoning district than 1-1?
Kirchoff: Confirmed the land across the street is 1-1 and that 1-1 is the most intensive zoning district.
Petersen: Commented that the 1-1 use across the street has a cyclone fence.
Kirchoff: Advised that the surrounding businesses may have been in place for a number of years and are not required to
meet the current standards.
Blomberq: Noted that fences in front yard in residential areas needed to have some opacity for safety reasons.
Kansier: The difference in commercial businesses and outdoor storage in particular is aesthetic. A wood fence from the
street hides more of the storage use.
Hauaen: Clarified that Mr. Berens is proposing a 10-foot high fence with a wind screen, rather than a 6 foot wood fence that
is required. Asked if the remaining requirements of the conditional use permit would be met.
Kirchoff: Confirmed.
Zleska: Asked the opacity of the wind screen.
Kirchoff: Based upon the information that the applicant provided to the staff, the wind screen would not provide adequate
screening along Welcome Avenue for the buses.
Blombera: Commented that a solid wood fence would not allow the police or general public to view inside the facility either
and could create a hazard from a public safety perspective. Supported the 10-foot chain link fence with screen.
LeMair: Prefers the 10-foot fence that you can't get over versus a 6-foot fence you can. This fence is also consistent with
others in the area.
Zieska: Asked the wind screen p~posed by the applicant.
Berens (applicanO: Advised that the proposal is for a wind screen with a 96% opacity.
Zleska: Believed it reasonable to have the chain link fence with wind screen and landscaping. Suggested directing staff to
prepare a new resolution striking the requirement for a wood fence.
..
7
."_ ....',.'"'"',.i.....,~..~. . ..
City Council Meeting Minutes
DRAFT
December 15. 2003
. -~-~-_._.-
MOTION BY ZIESKA, SECOND BY LEMAIR, TO DIRECT STAFF TO REVISE THE PROPOSED RESOLUTION
AMENDING CONDITION 4C TO STRIKE THE REQUIREMENT FOR A WOOD FENCE AND ACCEPTING A 10-FOOT
CHAIN LINK FENCE WITH 96% OPACITY.
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
Consider Approval of an Amendment to the Prior Lake Zoning Map Re-Zoning Approximately 19 Acres from "A"
AgrIcultural to "R-4" High Density Residential on Property Located North of CSAH 42 West of Pike Lake Trail and
South of Pike Lake (Case File 03-125).
Kirchoff: Reviewed the agenda item in connection with the staff report.
~Iombera: Believed it is an appropriate designation. Supported the amendment.
Zieska: Asked since this is a 19 acre site, but with only 6 dry acres, how many units can be built on the site.
Kansler: Responded that approximately 6 acres could be built upon. R-4 allows higher density with up to 30 units per acre.
The development could be townhomes, apartments or condominiums. There will still be additional public review during any
platting or PUD process.
leMair: Asked if the property adjacent to this one is zoned R-1.
Kansier: Advised that the property along the north side of CSAH 42, with the exception of one area, is all high-density or
commercial office parlt
Hauaen: Not in favor of this type of re-zoning at all because of his concern with density. However, did not believe there is
an option because it is consistent with the Comp Plan. Reinforces the need for the City Council to review the Comp Plan.
Pace: Commented that the property is surrounded by R-4 designations. To do anything but re-zone to R-4 could be
considered spot-zoning.
Zieska: Asked what an appropriate designation might be?
Hauaen: Commented that he is unsure, but would like to see a lesser density than R-4. Believes it valuable to at least have
the discussion.
Zieska: Disagreed and commented that if there is a discrepancy within the area, it might be that more land should be
commercial. R-4 is a good buffer. This is only 6 buildable acres and an opportunity for additional storm water ponding.
Supported the zoning change.
Bovles: Advised that in order for the property to develop, it would require upgrade of the gravel road (Pike Lake Trail) to
City standards, as well as extension of sewer and water service.
MOTION BY LEMAIR, SECOND BY PETERSEN TO APPROVE ORDINANCE 03.17 RE-ZONING APPROXIMATELY 19
ACRES FROM AGRICULTURAL TO R-4 ON PROPERTY LOCATED NORTH OF CSAH 42 WEST OF PIKE lAKE TRAIL
AND SOUTH OF PIKE LAKE (Case File 03-125).
VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried.
..
8
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 04-01
APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE OUTDOOR STORAGE OF
SCHOOL BUSES ON PROPERTY LOCATED ON WELCOME AVENUE SE
#03-137
Kevin Berens
Rezoning - 25-901-008-7
fl1dJ~
Connie Carlson
City of Prior Lake
Dated this 12th day of January, 2004
(City Seal)
I: \deptwork\blankfnn\truecopy .doc
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION 04-01
APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE OUTDOOR STORAGE OF SCHOOL BUSES ON PROPERTY
LOCATED ON WELCOME AVENUE SE
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY: PETERSEN
SECOND BY: LEMAIR
The Prior Lake Planning Commission conducted a public hearing on November 24, 2003, to consider
an application from Kevin Berens for a Conditional Use Permit (CUP) to allow the outdoor storage of
school buses on property located on Welcome Avenue; 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 repair; and
The Planning Commission recommended the City Council approve the CUP with specific conditions;
and
The City Council considered the CUP application for the outdoor storage of school buses at its
regular meeting on December 15, 2003; and
The City Council finds the CUP for the outdoor storage of school buses 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.
Finding: 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 to "maintain proper physical site screening and
landscaping standards." The outdoor storage of buses is 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.
Finding: The use will not be detrimental to the health, safety, ~nd general welfare of the comm~nity as a whole
provided all conditions of approval are met.
www.cityofpriorlake.com
Page 1 _
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Phone 952.447.4230 / Fax 952.447.4245
(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.
Finding: One purpose of the Zoning Ordinance is to "enhance the aesthetic character and appearance of the City." A
10 foot tall chain link fence with windscreen is consistent with the purpose of the Zoning Ordinance.
The purpose of the 1-1 use district is "to provide areas of the community that will allow general industrial uses that, due
to their size and nature, would not conform to the 'e-5' Business Park Use District." Outdoor storage of school buses
is appropriate for this district because of aesthetics and traffic generation.
(4) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are
either existing or proposed.
Finding: So long as all conditions of approval are adhered to, the uses will not over burden municipal facilities.
(5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the
conditional use.
Finding: The Zoning Ordinance places conditions on outdoor storage in the 1-1 use district to protect adjacent uses.
Provided all conditions are met, the use will not have undue adverse impacts on the properties in close proximity.
(6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the
direction of a professional landscape architect, or civil engineer registered in the State of Minnesota,
approved by the City Council and incorporated as part of the conditions imposed on the use by the City
Council.
Finding: A professional landscape architect prepared the landscape plan, and a civil engineer prepared the site plan
for the administrative application.
(7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the
State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power,
telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part
of the conditions set forth in the CUP approved by the City Council.
Finding: A registered civil engineer prepared drainage and utility plans for the administrative site plan application.
(8) The use Is subject to such other additional conditions which the City Council may find necessary to protect
the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in
those situations where the other dimensional standards, performance standards, conditions or requirements
in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these
circumstances, the City Council may impose restrictions and conditions on the 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.
Finding: The City Council may revise recommended conditions or attach additional conditions, as they deem
appropriate to protect the general welfare, public safety, and neighborhood character.
City Code Section 1102.1503 Uses Permitted with a Conditional Use Permi~
(8) Outdoor Storage. Conditions:
a. Storage shall be screened with fencing, landscaping, berming or some combination thereof from all property
lines and abutting public rights-of-way. A bufferyard shall be required when the outdoor storage abuts any
property in an "R" Use District, pursuant to subsection 1107.2003.
Finding: Proposed screening includes a 10 foot chain link fence with an attached wind screen. The windscreen
adequately screens the site and satisfies this condition.
..
b. Storage shall not be permitted within any required yards or bufferyards.
R:\RESOLUTI\PLANRES\2004\04-01.DOC
Page 2 -
Finding: The site plan indicates that outdoor storage meets all required setbacks.
c. Storage areas shall be separated from the vehicular parking and circulation areas. This separation shall be
clearly delineated by a physical separation such as a greenway, curb, fence or line of planters.
Finding: Bus parking is proposed on the perimeter of the site, with the driver parking proposed in the center. Physical
separation is not provided, although staff believes the 40.5 foot separation is appropriate.
d. Stored materials shall not interfere with either on-site or off-site traffic visibility.
Finding: Proposed bus parking is appropriately spaced from the entrance to the site.
e. Inoperative vehicles or equipment or other items typically stored in a junkyard or salvage yard shall not be stored
on land on which storage is permitted with conditions under this Section.
Finding: This will be attached as a condition of approval.
f. All areas used for storage shall be paved.
Finding: The parking lot is paved.
3. The Conditional Use Permit is hereby approved on the property legally described as follows:
That part of the East Three-Fourths of the Southeast Quarter of Section 1, Township 114, Range 22, Scott County,
Minnesota, described as follows:
Commencing at the southeast comer of said Section 1: thence on an assumed bearing of North 01 degrees 21
minutes 00 seconds West along the east line of said Section 1, a distance of 1251.72 feet; thence South 88 degrees
39 minutes 00 seconds West a distance of 1875.73 feet; thence South 86 degrees 11 minutes 30 seconds West a
distance of 84.66 feet to the east line of the west 30.00 feet of said East Three-Fourths of said Southeast Quarter;
thence North 86 degrees 11 minutes 30 seconds East a distance of 514.66 feet; thence South a distance of 704.31
feet to the centerline of County State Aid Highway No. 12; thence South 63 degrees 37 minutes 56 seconds East
along said centerline a distance of 73.66 feet; thence North a distance of 412.00 feet; thence East a distance of
944.00 feet to a point hereinafter referred to as point "An; thence North a distance of 244.00 feet: thence West a
distance of 243.86 feet; thence North a distance of 101.00 feet; thence northwesterly along a tangential curve concave
to the west, having a radius of 455.74 feet; a central angle of 12 degrees 48 minutes 17 seconds, an arc length of
101.85 feet to the point of beginning of the land to be described; thence continuing northwesterly along said last
described curve having a radius of 455.74 feet, a central angle of 2 degrees 11 minutes 43 seconds, an arc length of
17.46 feet; thence along a reverse curve concave to the east, having a radius of 424.68 feet, a central angle of 15
degrees 00 minutes 00 seconds, an arc length 111.18 feet; thence North tangent to said last described curve a
distance of104.56 feet; thence East a distance of 273.85 feet to the intersection with a line drawn North from the
aforementioned point "An; thence South a distance of 231.43 feet to the intersection with a line drawn East from the
point of beginning; thence West a distance of 255.19 feet to the point of beginning.
Together with a nonexclusive easement for roadway over and across that part of the East Three-Fourths of the
Southeast Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota described as follows:
A strip of land 60.00 feet in width the centerline of which is described as follows:
Commencing at the southeast comer of said Section 1; thence on an assumed bearing of North 01 degrees 21
minutes 00 seconds West along the east line of said section 1, a distance of 1251.72 feet; thence South 88 degrees
39 minutes 00 seconds West a distance of 1875.73 feet; thence South 86 degrees 11 minutes 30 seconds West a
distance of 84.66 feet to the east line of the west 30.00 feet of said East Three-Fourths of said Southeast Quarter;
thence North 86 degree-s 11 minutes 30 seconds East a distance of 514.66 feet; thence South a dist~ce of 704.31
R:\RESOLUTI\PLANRES\2004\04-01.DOC Page 3 -
. ~..,~_.__,~-...---..:.._______......__."h'~ ,'.
feet to the centerline of County State Aid Highway No. 12; thence South 63 degrees 37 minutes 56 seconds East
along said centerline a distance of 73.66 feet; thence North a distance of 412.00 feet; thence East a distance of
700.15 feet to a point hereinafter referred to as point "A", the point of beginning of the line to be described; thence
North a distance of 325.00 feet; thence along a tangential curve concave to the west, having a radius of 455.74 feet, a
central angle of 15 degrees 00 minutes 00 seconds, an arc length of 119.31 feet; thence along a reverse curve
concave to the east having a radius of 424.68 feet, a central angle of 15 degrees 00 minutes 00 seconds, an arc
length of 111.13 feet; thence North tangent to said last described curve, a distance of 304.03 feet and there
terminating.
Together with a strip of land 60.00 feet in width the centerline of which is described as follows:
Beginning at the above referenced point "A"; thence southerly along a tangential curve concave to the west, having a
radius of 569.68 feet, a central angle of 15 degrees 00 minutes 00 seconds, a chord bearing of South 7 degrees 30
minutes 00 seconds West, an arc length of 149.14 feet; thence along a reverse curve concave to the east, having a
radius of 491.09 feet, a central angle of 15 degrees 00 minutes 00 seconds, an arc length of 128.57 feet; thence South
tangent to said last described curve a distance of 466.51 feet more or less to the centerline of County State Aid Road
No. 12, and there terminating.
4. The Conditional Use Permit is hereby approved subject to the following conditions:
a) The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after City Council
approval.
b) Improvements shall be constructed pursuant to the plans administratively approved on August 20, 2002, with the
conditions set forth in this report.
c) A 10 foot tall chain link fence with a 96 percent opaque fabric windscreen shall be installed along the perimeter of the
site.
d) A building permit shall be issued prior to the installation of the fence.
e) The two car parking stalls located adjacent to the east property line shall be eliminated from the site plan.
n Inoperative vehicles or equipment or other items typically stored in a junkyard or salvage yard shall not be stored on site.
g) All conditions listed in Section 1102.1503 (8) of the Zoning Ordinance shall be met.
h) A 2-year letter of credit (LOC) guaranteeing the landscaping approved on August 20, 2002, as part of the
administrative site plan must be submitted. The LOC must be an amount equal to 125% of the cost of the
landscaping, including installation. This cost may be determined by a bid or estimate from a landscape company
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for outdoor storage of school
buses. The contents of Planning Case Files #03-137 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 5th day of January, 2004.
YES
X
X
X
X
Absent
NO
Blomberg
Haugen
LeMair
I Petersen
I Zieska
Blomberg
Haugen
LeMair
Petersen
I QiJJ7
Frank Boyles, City Manager
..
{Seal}
R:\RESOLUTI\PLANRES\2004\04-01.0ec
Page 4 -
FROM Carlson
PHm~E t~O. 612 447 6139
Fax Cover Sheet
Date:
~ Cl l04
To: ~ of- PL
From: ~ ~
Re>: A t-t-0.' Con r\ \ e.
Scott county customer Service
(952) 496-8150
# 354120 09-FEB-2004
CUSTOMER
BERENS BUS COMPANY INC
A Filing
Abstract
Total for Fee
FILE NUMBER OR NAME:
RESOLUT10N
Receipt Total
Check
Payment Total
Change
Feb. 09 2004 04:02PM Pi
(J)3-(37
Fax:
qs ~ 7 -1 ,) Jf-S'
Fax~
Pages:
1@
20.00ea
2000
20.00
20.00
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.
Doc. No. A 644763
OFFICE OF THE COUNTY RECORDER
SCOTT COUNTY, MINNESOTA
Certified' Filed and/or-Recorded on
02-09-2004 at 10:05 Receipt:354120
Pat Boeckman, County Recorder 01
Fee: $20.00
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Planning Secretary of the City of Prior Lake, hereby
certifies the attached hereto is the original true and correct copy of
CONDITIONAL USE PERMIT
RESOLUTION 04-01
.,
APPROVING A CONDITIONAL USE PERMIT TO A~lOW THE OUTDOOR STORAGE OF
SCHOOL BUSES ON PROPERTY10CA TED ON WELCOME AVENUE SE
#03-137
~ Kevin Berens
Rezoning - 25-901-008-7
fa1.;/t~~ Ckt ~~-
Connie Carlson ('
City of Prior Lake "
Dated this 12th day ofJanuary, 2004
(City Seal)
I ~140 ~vlAwV\. h--6
PriUV Lm ~ 56311-
..
J:\deplworltlblankfnnllruecopy.doc
~ . ,__." ..__.A........._,.._"___.,_._'~.._____~ _~',._T....~.._. __,.. "...~ -.. ,._,~".- "'
January 12, 2004
Mr. Kevin Berens
18740 Fairlawn Avenue
Prior Lake, MN 55372
RE: Conditional Use Permit for Outdoor Storage
Case File No: 03-137
Dear Mr. Berens:
This letter is to inform you that on January 5, 2004, the City Council approved
Resolution 04-01 approving your Conditional Use Permit for the outdoor storage
of school buses with eight conditions on property located on Welcome Avenue.
I have enclosed two copies of Resolution 04-01 approving the Conditional Use
Permit. One copy of the Resolution 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 any permits.
If you have questions, please feel free to contact me at 447-9813.
Sincerely I
t.' ffi
c~-k:Gc I ,
Cynthia R. KirCh~ff~ ..
Planner
Enclosures
..
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
~ PRIO',.
? o~,<"'~... ~,
j.!.~l'.;.f~f '.~\ 16200 Eagle Creek Avenue S.E.
lu~c rT'J I Prior Lake, MN 55372-1714
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January 2,2004
Mr, Kevin Berens
18740 Fairlawn Avenue
Prior Lake, MN 55372
Dear Mr. Berens:
Attached is a City Council Agenda and Staff Report for the January 5, 2004, 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 Car~on
Connie Carlson
Planning Secretary
Enclosure
1:\03 filesl03 cup'slberens outdoor storagelmeetlrcc.dQC;: f . j k
www.cnyopnorae.com
Phone 952.447.4230 / Fax 952.447 4245
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
December 11, 2003
Kevin and Geri Berens
18740 Fairlawn Avenue
Prior Lake, MN 55372
Attached is a City Council Agenda and Staff Report for the December 15, 2003, City
Council meeting. The meeting will begin at 7:00 p.m. and is held at the Fire Station
located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you
cannot attend the meeting or have any questions, please contact me at 447-9810.
Sincerely,
Connie CarCson
Connie Carlson
Planning Secretary
Enclosure
I :\deptwork\blankfrm\meetlrcc.doc
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
November 19, 2003
Mr. Kevin Berens
18740 Fairlawn Avenue
Prior Lake, MN 55372
RE: Agenda and Agenda Report
Attached is a Planning Commission Agenda and Staff Report for the November 24,
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 Carfson
Connie Carlson
Planning Dept. Secretary
Enclosure
I:\deptwork\blankfrm\meetltr.doc
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
November 10, 2003
Mr. Kevin Berens
18740 Fairlawn Avenue
Prior Lake, MN 55372
RE: Conditional Use Permit for Outdoor Storage
Case File No: 03-137
Dear Mr. Berens:
On November 7, 2003, the City of Prior Lake received the above referenced
development 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 November 24, 2003,
Planning Commission meeting. We 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 January 6, 2004, to March 6, 2004.
If you have questions relative to the review process, please contact Jane Kansier
at (952) 447-9810.
Sincerely,
- '-.' fJ. ~;~
~~T~ "
~' I )
Cynthia R. Kirchoff, AI .
Planner
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952,447.4245
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
November 10, 2003
Mr. Kevin Berens
18740 Fairlawn Avenue
Prior Lake, MN 55372
RE: Conditional Use Permit for Outdoor Storage
Case File No: 03-137
Dear Mr. Berens:
On November 7, 2003, the City of Prior Lake received the above referenced
development application. This letter serves as your official notification that the
application is complete.
The Development Review Committee (ORe) will now begin formal review of this
request. At this time, you are tentatively scheduled for the November 24, 2003,
Planning Commission meeting. We 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 January 6, 2004, to March 6, 2004.
If you have questions relative to the review process, please contact Jane Kansier
at (952) 447-9810.
Sincerely, ~
~~-t~(zfjj
Cynthia R. Kirch:ff, A~!
Planner
www.cityofpriorJake.com
Phone 952.447.4230 / Fax 952.447.4245
Message
Page 1 of 1
Jane Kansier
From: Jane Kansier
Sent: Monday, November 17, 200311 :08 AM
To: Frank Boyles
Cc: Cynthia Kirchoff
Subject: Berens CUP
Frank,
The CUP for the Berens property is to accommodate their wish to use something other than a solid fence as
approved by the site plan over a year ago. The site plan is the same. The change is a 10' tall chain link fence
with a mesh wind screen. The Planning Commission will review this at a public hearing on 11/24. The staff has
some concerns about the wind screen material, particularly along Welcome Avenue. Our concerns are primarily
maintenance. Along Welcome Avenue, the material does not provide adequate screening. Staff has
recommended solid fence along Welcome Avenue, but the chain link and wind screen are appropriate for the
side and rear lot lines.
Please let me or Cindy know if you have other questions.
Jane Kansier, AICP
Planning Coordinator
City of Prior Lake
UDorade Outlook8 - Add icons. ... . to vour Emails 111_
Outlook@ is a registered trademark of Microsoft Corporation
11/1712003
I PROJECT NAME:
REQUEST:
APPLICANT:
CONTACT PERSON:
I PID#:
I LOCATION:
I EXISTING ZONING:
I COMPREHENSIVE PLAN:
PROJECT REQUEST:
S Owt t --- ,-t'/c';fj.} (('^
A.. J~ y9l- >5-1> J-
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CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
BERENS BUS CO. CUP (Case #03-137)
A Conditional Use Permit to allow the outdoor storage of buses
on property zoned 1-1.
Berens Bus Co.
Kevin Berens
447-7738
SITE INFORMATION
25-901-008-7
Welcome Avenue
1-1 (General Industrial)
I-PI (Planned Industrial)
Review and comment on CUP application.
I DISTRIBUTE TO:
1+ Frank Boyles + Bud Osmundson
I Sue Walsh + Sue McDermott
I + Ralph Teschner + Larry Poppler
I Chris Esser + Fire Chief
+ Bob Hutchins + Bill O'Rourke
+ Don Rye
I + Jane Kansier
I
I
I
DNR - Pat Lynch
County Hwy. Dept.
MNDOT
SMDC
Mediacom Cable
APPLICATION FOR:
Administrative Land Division
Comprehensive Plan Amend.
+ Conditional Use Permit
Home Occupation
Rezoning
Site Plan
Preliminary Plat
PUD
Final Plat
Variance
Vacation
Minnegasco
Watershed Dist.
Telephone Co.
Electric Co.
Met. Council
Date Received 11/7/03 Date Distributed 11/10/03 Date Due 11/14/03
Complete Application 11/7/03 Date Distributed to 11/10/03 ORe Meeting 11/13/03
Date DRC
I Publication Date 11/08/03 Tentative PC Date 11/24/03 Tentative CC 12/15/03
Date
60 Day Review Date 1/06/04 Review Extension 3/06/03 I
1:\03 files\03 cup's\berens outdoor storage\referral.doc
Page 1
I have reviewed the attached proposed request (Berens Bus Co. CUPl for the
following:
Water
Sewer
Zoning
Parks
Assessment
Policy
Septic System
Erosion Control
Recommendation:
Comments:
Signed:
City Code
Storm Water
Flood Plain
Natural Features
Electric
Grading
Signs
County Road Access
Legal Issues
Roads/Access
Gas
Other
Building Code
Approval
Denial
Conditional. Approval
Date:
Please return any comments by Fridav. November 14. 2003, to
Jane Kansier, ORC Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (952) 447-9811
Fax: (952) 447-4245
e-mail: jkansier@cityofpriorlake.com
1:\03 files\03 cup's\berens outdoor storage\referral.doc
Page 2
I PROJECT NAME:
REQUEST:
I APPLICANT:
CONTACT PERSON:
I PID#:
I LOCATION:
EXISTING ZONING:
COMPREHENSIVE PLAN:
I PROJECT REQUEST:
CITY OF PRIOR LAKE
DRC PROJECT REVIEW CHECKLIST
BERENS BUS CO. CUP (Case #03-137)
A Conditional Use Permit to allow the outdoor storage of buses
on property zoned 1-1.
Berens Bus Co.
Kevin Berens
447-7738
SITE INFORMATION
25-901-008-7
Welcome Avenue
1-1 (General Industrial)
I-PI (Planned Industrial)
Review and comment on CUP application.
r:'-__- APPLICATION FOR:
Administrative Land Division
Comprehensive Plan Amend.
+ Conditional Use Permit
Home Occupation
Rezoning
Site Plan
Preliminary Plat
PUD
Final Plat
Variance
Vacation
I DISTRIBUTE TO:
1+ . Frank Boyles + Bud Osmundson
Sue Walsh + Sue McDermott
I + Ralph Teschner I ++ Larry Poppler
I Chris Esser Fire Chief
+ Bob Hutchins I' + Bill O'Rourke
+ Don Rye
+ Jane Kansier
DNR - Pat Lynch
County Hwy. Dept.
MNDOT
SMDC
Mediacom Cable
Minnegasco
Watershed Dist.
Telephone Co.
Electric Co.
Met. Council
I Date Received
Complete Application
I Date
I Publication Date
60 Day Review Date
11/7/03 Date Distributed 11/10/03 Date Due 11/14/03
11/7/03 Date Distributed to 11/10/03 DRC Meeting 11/13/03
DRe
11/08/03 Tentative PC Date 11/24/03 Tentative CC 12/15/03
Date
1/06/04 Review Extension 3/06/03
1:\03 files\03 cup's\berens outdoor storage\referral.doc
Page 1
I have reviewed the attached proposed request (Berens Bus Co. CUP) for the
following:
Water
Sewer
Zoning
Parks
Assessment
Policy
Septic System
Erosion Control
Recommendation:
Comments:
Signed:
City Code
Storm Water
Flood Plain
Natural Features
Electric
Grading
Signs
County Road Access
Legal Issues
Roads/Access
Gas
Other
Building Code
Approval
Denial
Conditional Approval
Date:
Please return any comments by Fridav. November 14. 2003, to
Jane Kansier, DRC Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (952) 447-9811
Fax: (952) 447-4245
e-mail: jkansier@cityofpriorlake.com
1:\03 files\03 cup's\berens outdoor storage\referral.doc
Page 2
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TOTAL
TO IMPERVIOUS
TAL LOTSIZE= AREA= 31,875 SQ. IT
55,575 SQ. IT:
57% IMPERVIOUS
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PROJECT NO.' ..952-461.3310
DRAWING FH.E- BEREN
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Scale in Feet
LEGEND
>.: . FENCE
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PROPOSED CON
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PROPOSED ELEVATION
Q PROPOSED CO
_ NCRETE
PROPOSED BI
TUMINOUS
PROPOSED STO
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Sll..TFENCE
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EXISTING CONTOUR
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EXISTING ELEVATION
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BEREN.~IT: PLAN v
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AREA- 31875 SQ. FT.
TOTAL IMPERVI~US - 55:575 SQ. FT.
TOTAL LOT SIZE- 57% IMPERVIOUS
- 933.05 L.F.
TOTAL LOT PERI:f~~ ~33.05/40 = 23.3)
(One ttee per every UlRED = 23
TOTAL =~ ::gVIDED = 26
TOTAL
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11
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PLA ar guarante~ Ot' written accep guarantee
vide ane ye Arch Itec s a ane yeor
t octor shall pro f the Londsc?pe hall also have
Con r the date 0 t materrals s
begin.s on Re lacement p!an
plantrng.. p upan planting, tililies
commenCing tions with all u
h II verify loca Plants
Co""",,, , 0 _ COO" 0"' h,,'Y. . 0"' bottom
'0 b, ""'h,,, , . " ,',,"b, (",,, by Apd' ,.
All P'o~'~,,", pco",,,. " 0" ,,," 0"' 6 ~ bottom. R,mo~
AAN po. loom "0"""9" -t,,"" top 0" nO"'
Use minimum 12 oth-barked trees otted plonts; sp I
) all sma ot on p
of hole. Wrap . Is' remove p
BB mo',,,o . ,
" b",Iop 0" , '0 "",,' po,
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brook op'" p , "0"'''' """"/ ,;." pl"mb oft"
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p,"", P'O"'\ o:,"~ ot ,,," op '''"0 . o",ptO"" ot ,", 0
branching. S 0 'ntenance after h el-in
'ble for mal .te Praperly e
Owner shall be respansl t d upon arrival at Sl ,
immediately plan e only. to be standard
PlO"" ,holl b, "'" ',mpo"'y . 0"', ,,'
. Is if neces therwlse n
materia sodded unles~ 0
areas to be rass mix.
All disturbed n and hardy blueg
thern-grow . )
nor (4 oz. min.
hall have . hall
All planting beds ~ ing. The edging s
II view poly e g be used
va ey- Ich shall
d bark mu
dded hardwao
Shre
of plants,
. t installation
prror 0 per stan dcrd
to be installed os
SG.J
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REG, ,
DATF
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698 NORTH BRIDGE COURT
loiN 55123
EAGAN, 688-8023
PHONE: 651-
FAX: 651 -456-5748 .
. Engineering
Holling ENGINEERS
CIVIL _..55OU
255fb Sttc:d EuI: tW~952-46}.33JO
3727 9$2-f6J-3320. u
p""",,, 'BERENS.DWG
DllA WING FILR
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LANDSCA COMPANY
8EREN'SF8~~/OR LAKE
CITY 0
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TREE Pl...AN
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SHII\J8
PlANnNC DETAIl
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PROJECT NO.: -
llEARl-'G
~O'l'ICES
L:\TEMPLA TE\FILEINFO.DOC
Page 1 of 1
Cynthia Kirchoff
From: Cynthia Kirchoff
Sent: Tuesday, November 04, 2003 11 :37 AM
To: Prior Lake American (E-mail)
Subject: Berens Outdoor Storage CUP
Hi Deb-
Please publish the attached notice in the November 8th edition of the Prior Lake American.
Thank you.
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
11/4/03
NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A
CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE
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, November 24,2003, at 6:30 p.m. or as soon thereafter as possible.
REQUEST: The applicant is requesting a conditional use permit for
outdoor storage on property located in the 1-1 (General
Industrial) use district.
APPLICANT: Kevin Berens
SUBJECT SITE: Welcome Avenue SE, Prior Lake, MN, legally described as
the E % of the SE ~ of Section 1, Township 114, Range 22,
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 4th day of November 2003.
Cynthia Kirchoff, AICP, Planner
City of Prior Lake
To be published in the Prior Lake American on November 8, 2003.
L:\03 Files\03 CUP's\Berens Outdoor Storage\Public Hearing Notice.doc
APPLICA'l'IO~S
&
APPLICA'l'IO~
~A'l 'EltiALS
-
L:\TEMPLA TE\FILEINFO.DOC
(
Planning Case File No. 0'6-' -07
Property IdeqQfi~a;::::; -qQ.) - ovco;:']
r--~[g@lJ UWrg ~~-
City of Prior Lake 1 ' \
ZONINGILAND USE APPLICA'Ir~' ..,1. ;I
Type of Application
Brief deschpnon 01 proposeo prr.jl::\..l J
(Please describe the proposed amendment, project, or variance
request. Attach additional sheets if necessary).
CU-. P 'fer O\...l+ d OCr---
~tzr ~ tj e.
~eVtlnq \0 foot
c.. hD I n I 'tf> JG ffnQ.e u)/+h
WI ()d s.Qr.e~ .
o
o
o
[8]
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o
o
Amendment to Zoning Map
Amendment to Zoning Ordinance Text
Amendment to Comprehensive Plan Land Use Map
Conditional Use Permit
Variance
Planned Unit Development
Senior Care Overlay District
Home Occupation
Amendment or Modification to approved CUP or PUD
Other
~. l,..~ l1--~/5Zt 707.7l()~
. ~
~~ \6-u& Go Q~ ~ ~,',,", ~ (,.,eA; ~eAb\
'\~14-0 m~y-lo..\A...V""\ fu~
QS~ 4-'41-. 1 "0'6: (home) ctSd-. 44.1 ~ leDS:+- (work)
Applicant:
Address:
Telephone:
CfS:;)..- a-~ 3 (.,.;lQ(fax)
Property Owners (if different than applicant):
Address:
Telephone:
Type of Ownership:
~rn.t.
(home)
(work)
fiI Contract for Deed
(fax)
o Purchase Agreement I
o Fee
Legal Description of Property (Attach additional sheets if necessary):
~.e...c- o..~~
To the best of my knowledge the information provided in this application and other material submitted is correct. In
addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
appli~a}ions will not be processed until deemed complete by the Planning Director or assignee.
Pt::..-. 1- C3 - " L., /0"
Applicant's Signature Date
Fee Owner's Signature
Date
ADDITIONAL PROJECT INFORMATION
(Required fotPUD,..CUP . and SC Overlay District applications)
Will the developers request financial assistance from the City?
DYes
DNo
If yes, please describe the amount and type ofassistancerequested(attach.additional pages ifnecessary).
WilLanyoneother thantheapplicantbeinvolved in the ownership, development & management of this project?
o Yes (If yes, please attach a list of the names and the role of all persons involved in the project.) 0 No
1 :\handouts\200 1 handouts\zoning\zoning app.doc
CONDITIONAL USE PERMIT APPLICATION CHECKLIST
PROJECT NAME:
DEVELOPER:
A complete Zoning/Land Use Application form, signed by the applicant
and the fee owner of the property.
2. The name, address and telephone number of the owner, the owner's
agent, the applicant, surveyor and designer of the project.
3. A radius map and a list and 2 sets of labels of the names and addresses
of the owners of property located within 350' of the subject site. These
shall be obtained from and certified by an abstract company.
14.
For City Use Only
.....uJru l~c! a.D ~"-~ ~
5. Any necessary applications for zone changes and/or variances from the CLp(J-W.~., -Lc>tQ f.?LtLuf-Il v
provisions of the Zoning Ordinance, along with the required fees and
submittal information for those applications.
The required filing fee of $350.00.
6. A complete legal description of the property, and a location map showing
the location of the proposed development in the City.
7. Ten (10) full-scale copies of the preliminary plat and supporting data and
one 11 "X 17" reduction of each sheet.
1. Site conditions and existing development on the subject property and
immediately adjacent properties.
1
2. The proposed use of all areas of the site.
3. The proposed density, type, size and location of all dwelling units, if
dwelling units are proposed.
4. The general size, location and use of any proposed nonresidential
buildings on the site.
I 5. All public streets, entrance and exist drives, and walkway locations.
6. Parking areas
7. Landscaped areas
I 8. Parks and open spaces, public plazas, and common areas.
I 9. Site dimensions
110. 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.
11. Proposed densities, and ground floor areas.
I 2. Acreage or square footage of individual land uses on the site.
I 3. All proposed modifications of the district regulations being requested.
4. Generalized phasing plan for the project, including the geographical
sequence of construction and the number of dwelling units or square
footage of nonresidential property to be contracted in each phase.
1 . A tree preservation and replacement plan, as required by Section
1107.2100 of the Zoning Code.
2. A lighting plan as required by Section 1107.1800 of the Zoning Code.
I 3. A signage plan as required by Section 1107.400 of the Zoning Code.
I 4. If applicable, a preliminary plat or other subdivision applications.
2
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TOTAL IMPER
TO VIOUS AREA
TAL LOT SIZE= = 31,875 SQ. FT
55,575 SQ. FT:
57% IMPERVIOUS
/
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DRAWING
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LEGEND
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PROPOSED ELEVATION
~ PROPOSED CONCRETE
PROPOSED BI
TUMlNOUS
PROPOSED STORM
SEWER
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SOn.. BORING
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EXISTING CONTOUR
x 995.50
EXISTING ELEVATION
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BEREN.~ITE PLAN
CITY OF8~210COMPANY
R LAKE
SHEET C1
PLANTIN
G NOTES:
Con tractor
begins on t~hall provide on
planting R e dote of th e year guara t
comme~cin eplacement 10 e Landscape A~ e~ of 011 plant
Coot 9 opoo p,oo:'o;1 motoc'o', 'h:~'I','t" wdtt" ~~tOCIO". Th, gu
""" ,h U' 0" how "'1'100" f "00'"
o ~'ify' 0 00' ,. 0 Ih, loillo
AU ploot, I o..ttoo, with 0' 900,00t"
AAN 0 be n t 011 utililies p .
plant" or hern- rlar to
Ing pratices. grown and h
Use minimum 12" ardy. Plants
of hole). loom I
Wrap 011 p on ling soil
Op'o t ,moo,"-b".,d t, '" t.." ood ,.
break ~p of burlap on 88 ees-fasten t on shrubs
port peat pots materials' ap and bottom
P .' remove
rune plants pot on potted
branching os necessar
. Stoking of t y - per stan d
o rees opt' ord nurs
wner sholl be lanai; repasit. e.ry practice
responsible f Ion If not and to cor
P'oot, ,holt b . 0' molol"oo" f plomb oftoc 00,"'1 poo,
materials if n:c Immediately pi toter occeptance f year.
essary; t on ed up 0 the w
All ""o,b ' ,mpo",y ooly. 00 ",'~I 0' ,110. P o,k by to, Owooc,
o","oc ,d 0'"0' to b "pocly h..Hn
n-grawn and h e sodded u I
All plantin ardy bluegraS~ e~~x otherwise noted;
volley-viewg beds sholl ha (. sod to b
poly d' ~ 4 . ' ,',"d,,'
e glng Th oz. mln)
Shredded . e edging h' weed barr' f
hardwood b s 011 be ploced ler. abric. 4"
ark mulch sholl b With smooth
e used around
TOTAL IMP
TO ERVIOUS
TAL LOT SIZE= AREA= 31,875 SQ. FT
55,575 SQ. FT:
570/,
TOTAL LOT P . IMPERVIOUS
(One tree ERIh-I.IH J:>K = 9
TOTAL ~cry 40 feet = 933 0~:.05 L.F.
TOTAL S REQUIRED _' 40 = 23.3)
TREES PROVID - 23
ED = 26
NP
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X
X FENCE
installation
to' of plan ts.
be Installed
os p
er standard
(sides and b
Remo ottam
ve by April 1
plants; split .
and
5G,I
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51'\0
1
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BRODSHO C
_ _ ONSUL TlNG
--
696 NORT
EAGAN HBRIDGE COURT
. IAN 5512
PHONE' 651 J
. -686-602J
FAX: 651 -456-5748
Holling En ..
OYl glneering
m72551b L ENGINEERS
Pbooe SDmEut: oW'cbllcr
952-<61-3320'F ' ~ 550U
PROJECTNO.:- ..952-461-331.
DJIA WING
FILE: BE.RENS.DWG
SHRUB PLANnNC DETAIL
--
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and
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Debro. Brad h.
RE s a
G. N0 23849
DATF
LANDSC
BEREN'S APE PLAN
CITY O/~~I COMPANY
OR LAKE
SHEET C2
7 Day - Nationwide - Worldwide - Residential -Industrial - Commercial
Windsct8ens
Specialists in
custom fence
screening cut
to specific
orders.
Privacy
screening,
fence canvas,
shacIng
material, and .
windscreens
can be made
In many
clrferwlt
ways for
chain link.
wrought Iron,
or any other
structure.
Wlndset8erJs
.. custom
tailored to
match your
specification.
Windscreens - Attractive and Functional
. Windsc..... offers ....., choices; conscientious ......ice by experienced
persoIIMI. quality ~. and superior instIIIIIItion.
. WIntIsc..-s... '-ctionaI and aestMtit'" ....ing addition to your
..... COUIt or MY........ They provide. dark backdrop.
. Uses~:..... c---..........5o iallu..mW ...--, eaclosuNs.
de barriers. .... privacy. ......Is. base... fields. crowd COIIIroI.
....... ~ siIIIS and IMlaY..... 8S8S.
. Dey......... coutts. "...... applUMCe and iIIc.... playing
..a..u... hv ""'....... . ~ ~.......... .... r.nInr
I
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. ','''', ")~:;;,~.;.
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d 1 ',~"1..J!'
RN9Lm!"!.
~and.
CoInInerdIII
Aluminum and
vn.yI Fence
In......
Privacy Windscreens - Tailored to any Specification
Improve
Property
~
Before
After
. Rot Resistant
. WiRd..... Snow
~-..:IioII
. Dog Runs
. ... CIaCIa -
Patios
. TMIIis CotIrI:s
. GeIr Cows.
. BinI aDel Animel
ProtKtioft
. Livestock Covers
. SigId 8arriBs for
CoMtructioA
. PriwIcy Fencing
. c.. SIlows'"
CIIIIIs
. CUstom Car
PrMadIoft
Windscreen Features
. Easy to Clean
. CustIMn 0nIMs to
Size
. Sellool y~
. Rot All ..,...
. AIows WiIlerto
Pass Through
. easy to CIeIIII
. ....... Resistlllt
. GNIllndoors or
OUtdoors
. WiacI ScIMftS
. -....e.nIen
Centws
. Contraders SUpply
Yards
. f_ricIIIad Truck
Covers
. ......... Resistant
. Dog KeaMls
. Dog SIaows
. G-.d Dog Covers
. Dog EWIIIs
. Dog Training
Schools
. Dog SMde Cover
. Weather SbeIIars
. Tennis NeIIiRg
. SKurity ~
. Sport Ewnls
. Peal PrivKy
. Tennis Events
. EtpIpIMnt Yards
. s.sebaI Fences
and Netting
. Auto - Boat - Truck
Sllellar
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t ........1010 DET...
AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
ST ATE OF MINNESOTA)
~ -' 0 (J "O/"Jr,A^ of the City of Prior Laky, Countx of Scott, State of
Minnesota, bei~u~ :~~:n, says on the I =tJfhday of ~ ,2003, she served
~attached list of persons ~ave an interest in the ~iLC.L- --fVy- CLwP
rP.>>LV\ ~ , by mailing to them ~ copy thereof,
losed in an envelope, po ge 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:\DBPTWORKIBLANKFRM\MAILAFFD.DOC
~ PRI~
E-in~ 16200 Eagle Creek Avenue S.E.
U W'" Prior Lake, MN 55372-1714
~
NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A,
CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE
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, November 24, 2003, at 6:30 p.m. or as soon thereafter as possible.
REQUEST: The applicant is requesting a Conditional Use Permit for the
outdoor storage of buses on property located in the 1-1
(General Industrial) use district.
APPLICANT: Kevin Berens
SUBJECT SITE: Welcome Avenue SE, Prior Lake, MN, legally described as
that part of the E % of the SE 1f.a of Section 1, Township 114,
Range 22, 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 13th day of November 2003.
Cynthia Kirchoff, AICP, Planner
City of Prior Lake
To be mailed to property owners within 350 feet of the subject site on
November 13, 2003.
L:\03 Files\03 CUP's\Berens Outdoor Storage\M~i1ed H~aril1g Notice.doc
www.cnyofpnorlaKe.com
Phone 952.447.4230 / Fax 952.447.4245
I
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" .
..... in ,...
LEGEND
- 31,875 SQ, IT,
roTAL IMPEIlVlOUS AREA 55,575 SQ, IT.
roTAL LOT SIZE- 57% IMPE1lVlOUS
. .. FIlNCIl
PROPOSED ........ ........UR
-1050- PROPOSED.ELBVAnON
, ~ PROPOSED CONCIUITIl
Q PROPOSED BI1VMINOUS
- PROPOSED STORM SIlWI!R
- saT FIlNCIl
SOn. BORING
DJWNAGBARROW
JlXIS11NG CONTOUR
-380- EXIS'IlNGElBVATION
x 995.5G
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BEREN'S 8~~'OR LAKE
CITY OF'
SHEET Cl
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NEW ABSTRACTS
CONTINUATIONS
CLOSING SERVICE
REGISTERED PROPERTY ABSTRACTS
TITLE INSURANCE
RECORDING SERVICE
SCOTT COUNTY ABSTRACT AND TITLE, INC.
223 HOLMES STREET, P.O. BOX 300 SHAKOPEE, MINNESOTA 55379
DAVID E. MOON EN
Phone: (952) 445-6246
Fax: (952) 445-0229
November 5,2003
Berens Bus Company, Inc.
18740 Fairlawn Avenue
Prior Lake, MN 55372
Attn: Kevin or Geri
To Whom it May Concern:
According to the 2003 tax records in the Scott County Treasurer's Office, the following persons
listed on Exhibit "A" are the owners of the property which lies within 350 feet of the following
described property:
That part of the East Three-Fourths ofthe Southeast Quarter of Section 1, Township 114, Range
22, Scott County, Minnesota, described as follows:
Commencing at the southeast comer of said Section 1: thence on an assumed bearing of North 01
degrees 21 minutes 00 seconds West along the east line of said Section I, a distance of 1251.72
feet; thence South 88 degrees 39 minutes 00 seconds West a distance of 1875.73 feet; thence
South 86 degrees 11 minutes 30 seconds West a distance of 84.66 feet to the east line of the west
30.00 feet of said East Three-Fourths of said Southeast Quarter; thence North 86 degrees 11
minutes 30 seconds East a distance of 514.66 feet; thence South a distance of 704.31 feet to the
centerline of County State Aid Highway No. 12; thence South 63 degrees 37 minutes 56 seconds
East along said centerline a distance of73.66 feet; thence North a distance of 412.00 feet; thence
East a distance of 944.00 feet to a point hereinafter referred to as point "A"; thence North a
distance of244.00 feet; thence West a distance of243.86 feet; thence North a distance of 101.00
feet; thence northwesterly along a tangential curve concave to the west, having a radius of 455.74
feet; a central angle of 12 degrees 48 minutes 17 seconds, an arc length of 101.85 feet to the
point of beginning of the land to be described; thence continuing northwesterly along said last
described curve having a radius of 455.74 feet, a central angle of2 degrees 11 minutes 43
seconds, an arc length of 17.46 feet; thence along a reverse curve concave to the east, having a
radius of 424.68 feet, a central angle of 15 degrees 00 minutes 00 seconds, an arc length 111.18
feet; thence North tangent to said last described curve a distance of 104.56 feet;
CONTINUED ON NEXT PAGE
MEMBER MINNESOTA LAND TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
CONTINUED FROM PREVIOUS PAGE
thence East a distance of273.85 feet to the intersection with a line drawn North from the
aforementioned point "A"; thence South a distance of 231.43 feet to the intersection with a line
drawn East from the point of beginning; thence West a distance of255.19 feet to the point of
r;l7}~
David E. Moonen
President
Scott County Abstract & Title, Inc.
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ISO 719
DISTRICT OFFICE
5300 WESTWOOD DR SE
PRIOR LAKE MN 55372
JAMES M VOSSEN
20801 FERN DR
LAKEVILLE MN 55044
DAHL & HOOPS
3096 N RICE ST
LITTLE CANADA MN 55113
SCOTT H & MARY K MICKELSON
13535 QUENTIN AVE S
SA V AGE MN 55378
PETER J KNAEBLE
6001 GLENWOOD AV
GOLDEN V ALLEY MN 55422
. AVERY@ Address labels
G & E PROPERTIES
14221 NATALIE RD
PRIOR LAKE MN 55372
LA WRENCE & BONITA SCHWEICH
PO BOX 1214
LAKEVILLE MN 55044
JIMMIE R CLAUSEN
16821 PEBBLE BROOK CT
PRIOR LAKE MN 55372
ARCHIE J PAVEK
16801 INDUSTRIAL eIR SE
PRIOR LAKE MN 55372
EllHIIIIT.Jl... -\,OFI IWlElI
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5162@
PID SHSRTN SHHOUS SHSTRE SHAD2 SHCITY S SHZI SHZIP4 HOUSGS STREGS STT ADIRGS LEGAL 1 LEGAL2
SECT-01 TWP-114 RNG-022 E3/4 N1/2
SE1/4 EX 2,9A & E 440' OF S1/2 SE1/4 EX
2,5A EX 11,52A EX 2,7A EX 12,81A&60' X
~59010230 KNAEBLE,PETER J 6001 GLENWOOD AV GOLDEN VALLEY M 55422 0 250' STRIP FOR RD EX 12,5OA (023-1)
SECT -01 TWP-114 RNG-022 COM NE COR
~59010084 SCHWEICH,LAWRENCE & BONITA PO BOX 1214 LAKEVILLE M 55044 0 SW1/4, S 799.46', W 700', N 799,46', E 700'
SECT -01 TWP-114 RNG-022 E3/4 SE1/4
COM SE COR, NW 1251,72', SW 1875,73',
SW 84,66', NE 514,66', S 7Q4,31 ',SE 73.66',
N 412', E 700,15', N 325', CURVE NW
119.31', CURVE NE 83,29' TO POB, CURVE
NE 27.89', NE 304,03', E 8,46'N 350', W
259010086 CLAUSEN,JIMMIE R 16821 PEBBLE BROOK CT PRIOR LAKE M 55372 0 302.86', S 682', E 300,91' TO POB.
SECT -01 TWP-114 RNG-022 P/O E1/2
SE1/4 COM SE COR, N 1251.72', W
1875,73', S 86-11 W 84,66', N 86-30 E
514,66', S704,31, TO CL HWY 12, S 63-37 E
ALON CL 73.66', N 412', E 944', N 224', W
243,86', N 101CURVE NW 119,31', CURVE POB, N 199,57', E 273,89', S 204,27',W
259010088 MICKELSON,SCOTT H & MARY K 13535 QUENTIN AVE S SAVAGE M 55378 16691 WELCOME AV SE NE 111.18', N 104,56'TO 273.85' TO POB.
SECT-01 TWP-114 RNG-022 E3/4 SE1/4
LYING S OF N 799,46& LYING N OF S
274,55' & L YINGE A OF LINE COM SE
COR, N 1251,72', W 1875,53', SW 84,66',
NE 514.66', S 704.31',SE 73,66', N 412', E
944' TO APT STRAIGHT N & S FROM
259010280 PRIOR LAKE MINI STORAGE INC 5580 FAIRLAWN SHORES TR'_ PRIOR LAKE M 55372 1967 6000 CREDIT RIVER RD SE HERE & COM AT SAME PT, S 320' TO POB,S 60', W 250', N 60', E 250' TO POB
SECT -01 TWP-114 RNG-022 E3/4 SE1I4
COM SE COR, N ALONGE LINE 1251.72', S
88-39-00 W 1875.73', S 86-11-30 W 84,66',N
86-11-30 E 514,66', S 704,31' TO CL OF RD,
SE ALONG CL 73,66', N 412', E 944', N 224',
W 243,86', N 101', CURVENW 101,85'TO E NW 17,46', CURVE NE 111,18', N 104.56',
259010087 BERENS,KEVIN L & GERAL YN M 18740 FAIRLAWN AV PRIOR LAKE M 55372 16731 WELCOME AV SE POB; CURV E 273,85', S 231.43',W 255,19' TO POB.
SECT -01 TWP-114 RNG-022 263,85 X 200
259010082 VOSSEN,JAMES M 20801 FERN DR LAKEVILLE M 55044 16740 WELCOME AV SE IN E3/4 SE1/4
SECT -01 TWP-114 RNG-022 P/O E3/4
SE1/4 COM SE COR, NW 1251,72', SW
1875,73', SW 84.66', NE 514,66', S
704.31 ',SE 73,66', N 412', E 944', N 224' TO
POB, NW 213,86', N 101', NW 101,75', E
259010085 DAHL & HOOPS 3096 N RICE ST LITTLE CANADA M 55113 16765 WELCOME AV SE 224.48', S202' TO POB.
SECT-01 TWP-114 RNG-022 COM SE COR,
N 1251', W 700' TOPOB, N 25', W 730', S
259010160 PAVEK,ARCHIE J 16801 INDUSTRIAL CIR SE PRIOR LAKE M 55372 16801 INDUSTRIAL CIR SE 325'. E 670'. N TO POB.
259010085 DAHL & HOOPS
f59010081~1i PROPERTIES
3096
14221
N RICE ST
NATALIE RD
LITTLE CANADA
PRIOR LAKE
M 55113
M 55372
16765 WELCOME
o
AV SE
SECT-01 TWP-114 RNG-022 P/O E3I4
SE1/4 COM SE COR, NW 1251,72', SW
1875,73', SW 84,66', NE 514.66', S
704,31',SE 73.66', N 412', E 944', N 224' TO
POB, NW 213,86', N 101', NW 101,75', E
224,48', S202' TO POB,
SECT -01 TWP-114 RNG-022 P/O E3/4
SE1/4 COM SE COR, NW 1251,72', SW
1875.73', SW 84.66', NE 514.66', S
704.31',SE 73.66', N 412', E 670.15' TO
POB, E 273,85', N 224', W 273.86', S 225'
TO POB,