HomeMy WebLinkAboutRes. 05-02PC Motor Fuel CUP
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION 05-02PC
A CONDITIONAL USE PERMIT TO ALLOW A MOTOR FUEL STATION WITHIN THE C-2 ZONING
DISTRICT
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
The Prior Lake Planning Commission conducted a public hearing on February 28,
2005, to consider an application from Kwik Trip, Inc. to allow a motor fuel station
within the C-2 (Community Business) Zoning district on property located at the
southeast corner of CSAH 42 and CSAH 83; 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; and
The Planning Commission finds the CUP to allow a motor fuel station within the
C-2 district in harmony with both existing and proposed development in the area
surrounding the project; and
The Planning Commission finds the proposed CUP is compatible with the stated
purposes and intent of the Zoning Ordinance as they relate to conditionally
permitted uses, and further, that the proposed CUP meets the criteria for approval
of CUP as contained in Section 1108.202 of the Zoning Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE:
1. The recitals set forth above are incorporated herein.
2. The Planning Commission hereby adopts the following findings:
A. The use is consistent with and supportive of the goals and policies of the Comprehensive
Plan.
Two of the objectives of the Comprehensive Plan are to "determine and strive for a balance of
commerce, industry and population" and to "maintain high standards in the promotion and
development of commerce and industry." This proposal will be consistent with the goals, objectives,
and policies of the Comprehensive Plan provided it complies with the conditions of approval.
Another objective of the Comprehensive Plan is to "enact and maintain policies and ordinances to
ensure the public safety, health and welfare." The proposed motor fuel station use would appear
consistent with these policies.
B. The use will not be detrimental to the health, safety, morals and general welfare of the
community as a whoJe.
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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.
C. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use
District in which the Conditional Use is located.
One purpose of the Zoning Ordinance is to "protect the residential, business, industrial and public
areas of the community and maintain their stability." The proposed use is consistent with this goal,
provided the site complies with all conditions of approval.
D. The use will not have undue adverse impacts on governmental facilities, services, or
improvements, which are either existing or proposed.
The use will not over burden municipal facilities.
E. The use will not have undue adverse impacts on the use and enjoyment of properties in
close proximity to the conditional use.
The Zoning Ordinance places conditions on the use that are intended to protect the use and
enjoyment of adjacent properties in the "R" use districts. The applicant has made modifications to
the site plan to alleviate any adverse impacts to adjacent sites.
F. The use is subject to the design and other requirements of site and landscape plans
prepared by or under the direction of a professional landscape architect, or civil engineer
registered in the State of Minnesota, approved by the Planning Commission and
incorporated as part of the conditions imposed on the use by the Planning Commission.
The site will be required to have an approved buffer yard along all lot lines that abut residential sites.
The applicant has submitted a plan for staff to approve as part of the site plan review.
G. The use is subject to drainage and utility plans prepared by a professional civil engineer
registered in the State of Minnesota which illustrate locations of city water, city sewer, fire
hydrants, manholes, power, telephone and cable lines, natural gas mains, and other
service facilities. The plans shall be included as part of the conditions set forth in the
CUP approved by the City Council.
The applicant has been working with the Engineering Department to meet grading and drainage
requirements. Prior to any building permits, the applicant will be required to have approval of all
grading and drainage plans by the City Engineer.
H. The use is subject to such other additional conditions which the Planning Commission
may find necessary to protect the general welfare, public safety and neighborhood
character. Such additional conditions may be imposed in those situations where the
other dimensional standards, performance standards, conditions or requirements in this
Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In
these circumstances, the Planning Commission may impose restrictions and conditions
on the CUP which are more stringent than those set forth in the Ordinance and which are
consistent with the general conditions above. The additional conditions shall be set forth
in the CUP approved by the Planning Commission.
The Planning Commission may revise the recommended conditions or attach additional conditions
as they deem appropriate to protect the general welfare, public safety, and neighborhood character.
3. Section 1102.1003(1) of the Zoning Code specifies the following conditions for a motor fuel
station as a conditional use in the C-2 district:
a) A bufferyard, as determined by subsection 1107.2003, shall be constructed along all lot lines
abutting "R" Use Districts, except that no wall shall be required within the required front yard.
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b) All pump islands, air dispensers and other service devices shall be installed at least 12 feet off
and toward the interior of the lot from any required yard line, and no display, servicing of vehicles,
parking or dispensing of gasoline shall take place within the required yard. On sites where pump
islands have been constructed at the required yard line, a landscaped area of 8 feet will be
installed in the required yard.
c) All parking and paved areas shall meet the grading, design, and landscaping requirements of
subsection 1107.200.
d) All on-site utility installations shall be placed underground.
e) No outside sale or display shall be permitted except gasoline and other goods consumed in the
normal operation of a car and limited to the following products: oil, gasoline and oil additives,
windshield cleaner, windshield wipers, tires, and batteries. No products shall be sold or
displayed in any required yard nor shall the total display area occupy more than 150 square feet
in area or be more than 5 feet in height. No other vehicular parts and non-automobile oriented
goods shall be displayed or sold outside.
f) Any canopy and canopy support system shall be constructed using architectural design materials
which are compatible with the principle structure.
g) No public address system shall be audible from any property located in an uR" Use District.
4. A Conditional Use Permit is hereby approved. subject to the following conditions:
1. Conditions outlined in Section 1102.1003(1) of the City Code, related to motor fuel
stations as a conditional use, shall be adhered to.
2. Prior to building permit issuance, all grading and drainage plans must be approved by the
City Engineer.
3. Exterior materials of all buildings on the site shall comply with Section 1107.2202 of the
Zoning Ordinance.
4. Bufferyard requirements as outlined in Section 1107.2000 of the City Code shall be met.
5. The carwash shall limit hours of operation from 6:00 am to 10:00 pm.
6. All retaining walls and landscaping must remain outside the public right of way and
provide for the preservation of adequate site line requirements.
7. The applicant shall submit updated plans and elevations that reflect the proposed
plan modifications and conditions.
8. The applicant shall obtain necessary licensing for the sale of alcohol and tobacco
products, if this is conducted at the site.
9. The applicant shall obtain sign permits to assure proper signage size and
placement.
10. Deliveries shall be limited to the hours of 6 am to 10 pm.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use
Permit to allow a motor fuel station within the C-2 district for the property legally described as Lot 1,
Block 1, Wilds North 4th Addition. The contents of Planning Case File #05-107 is hereby entered into
and made a part of the public record and the record of the decision for this case.
Passed and adopted this 28th day of February, 2005.
Anthony Stamson, Commission Chair
ATTEST:
Jane Kansier, Planning Director
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