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HomeMy WebLinkAbout8B - Lemke Professional Building AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: STAFF AGENDA REPORT 88 JENNI TOVAR, PLANNER,.~P( CONSIDER APPROVAL OF RESOLUTION #97-XX APPROVING CONDITIONAL USE PERMIT FOR LEMKE PROFESSIONAL BUILDING APRIL 7, 1997 Mr. Paul Lemke has applied for a Conditional Use Permit (CUP) at property located at 5116 Gateway Street. The property is zoned B-3 General Business. "Personal and professional services" are conditional uses in the B-3 zoning district. A public hearing was held on March 24, 1997 before the Planning Commission. The Planning Commission has unanimously recommended approval this CUP, with 10 specific conditions as stated in Resolution #97 -07. The applicant has since revised the site plan to comply with Condition #3 of Resolution 97-07. Hence, the proposed resolution contains one less condition. The Planning Commission approved a conditional sign permit for a monument sign and wall signs for the proposed conditional use. Section 7.5(C) sets forth criteria for approval of a CUP. These criteria and the staff analysis of compliance with these criteria are as follows: 1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this Ordinance. The proposed use is consistent with the conditional use and permitted use provisions for the B-3 General Commercial zoning district and conforms to all general regulations of the Zoning Ordinance (upon satisfaction of conditions). A portion of the parking lot/drive aisle/landscaping (10 feet) is located within a City easement. The Planning Commission recommended approval of this encroachment with the completion of a "Use of Public Easement' agreement (attached and conditioned in the resolution). 1:\97fi1es\97cup\97-0 1 9\97-0 19CC.DOC I 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . , 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious, or noxious to any other property or persons, shall comply with the performance standards listed below. 1!Ie proposed uses are office/professional services and retail tenants. Adjacent uses are that of office and professional service, a bank, and a retail center. The proposed use does not appear to be dangerous, injurious, or noxious to any other property or persons. 3. The proposed use shall be sited, oriented and landscaped to produce harmonious relationship of buildings and grounds adjacent to buildings and properties. The following table depicts Landscape Requirements and how the applicant has addressed them. Trees Entry Parking Islanos Parking Screen i n g Other Screening (Service Storage Areas) Plans Ordinance Requirement 25 Trees (1/40' perimeter of area being disturbed 981 feet) Entry areas to be landscaped (no specific required plantings) One every 180' Combination of elements on new parking lots (Berm, plantings, fence) 6 Foot screen. combination of fence/plantinglbenns. Prepared by a Certified or Registered Landscaped Architect. Applicant Proposal 20 Trees Entries are landscaped on both sides with trees and shrubs. N/A Shrubs and berm along Gateway Street, trees along HWY. 13. 6' Trash enclosure of same materials as principle building with landscaping. Plans not signed. The applicant must revise the landscape plan to provide the minimum required plantings (25 trees). There are 3 significant trees on the east portion of the site that will remain undisturbed (no landscape credit given, as the undisturbed area was not used in calculating perimeter). 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. 1:\97fi1es\97cup\97-0 19\97 -0 19CC.DOC 2 1:\97files\97cup\97-019\97-O 19CC.DOC The building will be finished with brick and have architectural metal entrances. The proposed materials and landscaping is consistent with adjacent uses and the effect on the environment of the neighborhood is minimal. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion within the neighborhood. The proposed project provides sufficient area for vehicular parking. The ordinance requires 46 stalls, based upon the proposed uses. The applicant is proposing 47 stalls. Due to the topography, the building and parking will be accessed on the second floor on the south side and on the first floor on the north side. The applicant shows all parking areas to be paved, striped, and curbed. There are two existing curb cuts on Gateway Street. One will be relocated 30 feet to the west for access. Gateway is a local street that feeds in to Franklin Trail and up to 160th Street or to HWY. 13. Traffic congestion is expected to be minimized as it is directed from Gateway Street to Franklin Trail, 160th Street and HWY. 13. 6. The proposed use shall preserve the objectives of this Ordinance and shall be consistent with the Comprehensive Plan. The Comprehensive Plan designates this property as C-CC Retail Shopping (Community). The performance standards are set forth in Section 7.5(D) and relate to the following factors; . Fire protection . Electrical disturbance, . Noise . Vibrations, . Odors . Air pollution, . Glare . Erosion, . Water pollution. The proposed project is not expected to result in any of the nuisance factors set forth in the performance standards and is thus consistent with these standards. 3 ISSUES: The City Council must determine if the applicant meets the requirements for granting a CUP as listed. The Planning Commission and staff feel that most of the criteria have been met and the plans can be revised and submitted to meet the other criteria. The attached resolution grants the CUP with specific conditions to meet the listed criteria within a designated time frame. Revised drawings & plans (dated 3/27/97) reflect most of the conditions the Planning Commission recommended. The attached resolution lists conditions to address those issues that remain unsatisfied. Revised drawings & plans must be submitted within 30 days of adoption of the resolution and completion of the improvements must be done within one year of adoption of the resolution. ALTERNATIVES: 1. Approve the CUP by adopting Resolution #97-XX. 2. Deny the CUP by directing staff to prepare a resolution of denial with findings supporting such action. 3. Other specific action as directed by the Council. RECOMMENDATION: Alternative #1. ACTION REQUIRED: Adoption of Resolution #97-XX approving a CUP for Lemke Professional Building. 1:\97fi1es\97cup\97-O I 9\97-0 I 9CC.DOC 4 RESOLUTION 97-XX APPROVING A CONDITIONAL USE PERMIT TO CONDUCT "PERSONAL AND PROFESSIONAL SERVICES" AT LEMKE PROFESSIONAL BUILDING ON PROPERTY LOCATED IN THE B-3 GENERAL BUSINESS ZONING DISTRICT (5116 GATEWAY STREET) MOTION BY: SECOND BY: WHEREAS, the Prior Lake Planning Commission conducted a public hearing on March 24, 1997, to consider an application from Paul Lemke for a Conditional Use Permit (CUP) for Lemke Chiropractic and Lemke Professional Building and the City Council heard the case on April 7, 1997; and WHEREAS, notice of the public hearing on said CUP has been duly published m accordance with the applicable Prior Lake Ordinances; and WHEREAS, the Planning Commission proceeded to hear all persons interested in this issue and persons interested were afforded the opportunity to present their views and objections related to the CUP of Lemke Professional Building and Lemke Chiropractic; and WHEREAS, the Planning Commission and City Council find the proposed use consistent with the Year 2010 Comprehensive Plan; and WHEREAS, the Planning Commission and City Council find the CUP of Lemke Professional Building and Lemke Chiropractic in harmony with both existing and proposed development in the area surrounding the project; and WHEREAS, the Planning Commission and City Council find 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 of meets the criteria for approval of CUP is contained in Section 7-5 C 1-6 of the Zoning Ordinance and Section 3 of the City Code. NOW THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF PRIOR LAKE: that it approve the CUP for Lemke Professional Building for property located at: 5115 Gateway Street, legally described in attached Exhibit A; 16200 EI:i~1!~~~-gU~~'.ry:PM8P'Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~ry-4245 AN EQUAL OPPORTUNIlY EMPLOYER Subject to the following: 1. The applicant must submit a revised landscape plan indicating improvements to be made that meet all criteria of the landscape ordinance (Section 6.10, including an irrigation plan) as indicated in report including screening of parking along Gateway Street with multiple elements (not just a plantings). 2. The applicant must submit a lighting plan that meets City Code lighting standards and is approved by the Planning Department. 3. The applicant must submit a utility plan indicating location and hook-up of utilities (sewer and water) and storm sewer and run-off directions. The applicant will be responsible for disconnection of hook-ups not used on the site, upon construction of building. 4. The applicant must submit a grading plan with proposed contours and erosion control to be approved by City Engineer. 5. The applicant must submit a drainage plan implementing infiltration methods such as those identified in MPCA's Best Management Practices (infiltration trenches, swales, etc.) to be approved by City Engineer. 6. The applicant must submit a Topographical Survey that is at an engineering scale and signed by a registered land surveyor. 7. A permit will be required if a storm sewer pipe is outletted into the T.H. 13 right-of- way. 8. The improvements must be done before certified copies of the resolution are released for recording at the county. The applicant has 30 days to submit plans that are meet the requirements of the ordinance and conditions set forth in Resolution 97-07PC (City Code Section 5-6-5B). The applicant has until one year from the date of adoption of Resolution 97-07PC to complete the required improvements and record the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). 9. A Permit Agreementfor Private Use of Public Easements must be executed between the city and the applicant (Exhibit ~). CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for Lemke Professional Building. The contents of Planning Case File #97-019 are hereby entered into and made a part of the public record and the record of the decision for this case. 1:\97fi1es\97 cup\97 -0 19\rescc.doc Page 2 Passed and adopted this 7th day of April, 1997. Andren Greenfield Kedrowski Mader Schenck { Seal} 1:\97files\97cup\97-0 19\rescc.doc YES Andren Greenfield Kedrowski Mader Schenck NO City Manager, City of Prior Lake Page 3 Exhibit A (Legal Description) That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southwest comer of said Southwest Quarter of the Southwest Quarter; thence East along the South line thereof a distance of 393.00 feet to a point hereinafter referred to as point A; thence North at right angles to said South line a distance of 173.00 feet; thence East parallel with said South line a distance of 717.34 feet more or less to a point 200.00 feet West of the East line of said Southwest Quarter of the Southwest Quarter; thence Northerly and parallel with said East line a distance of 246.91 feet to the actual point of beginning of the tract of land to be described; thence continuing Northerly parallel with said East line a distance of 70.60 feet; thence deflecting to the left at an angle of 82 degrees 15 minutes 01 seconds a distance of 376.61 feet; thence Northwesterly along a line drawn at right angles from the Southeasterly right-of-way line of State Trunk Highway No. 13 a distance of 143.62 feet to the Southeasterly right-of-way line of said State Trunk Highway No. 13; thence Southwesterly along said right- of-way line to its intersection with a line drawn North at right angles to the South line of said Southwest Quarter of the Southwest Quarter from the aforementioned point A; thence South along said line to its intersection with a line drawn West parallel with said South line of Southwest Quarter of the Southwest Quarter from the actual point of beginning; thence East along said parallel line to the actual point of beginning. EXHIBIT B PERMIT AGREEMENT FOR PRIVATE USE OF PUBLIC EASEMENTS THIS AGREEMENT is made and entered into the day of , 1997, by and between the CITY OF PRIOR LAKE, Minnesota, a municipal corporation (hereinafter referred to as "City"), and Paul Lemke, (hereinafter referred to as "Owner"). RECITALS WHEREAS, Owner is the fee owner of a tract of land in Scott County, Minnesota, located at 5116 Gateway Street, Prior Lake, and legally described as follows: That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter; thence East along the South line thereof a distance of 393.00 feet to a point hereinafter referred to as point A; thence North at right angles to said South line a distance of 173.00 feet; thence East parallel with said South line a distance of717.34 feet more or less to a point 200.00 feet West of the East line of said Southwest Quarter of the Southwest Quarter; thence Northerly and parallel with said East line a distance of 246.91 feet to the actual point of beginning of the tract of land to be described; thence continuing Northerly parallel with said East line a distance of 70. 60 feet; thence deflecting to the left at an angle of 82 degrees 15 minutes 01 seconds a distance of 376.61 feet; thence Northwesterly along a line drawn at right angles from the Southeasterly right-of-way line of State Trunk Highway No. 13 a distance of 143. 62 feet to the Southeasterly right-of-way line of said State Trunk Highway No. 13; thence Southwesterly along said right-of-way line to its intersection with a line drawn North at right angles to the South line of said Southwest Quarter of the Southwest Quarter from the aforementioned point A; thence South along said line to its intersection with a line drawn West parallel with said South line of Southwest Quarter of the Southwest Quarter from the actual point of beginning; thence East along said parallel line to the actual point of beginning. (hereinafter referred to as "Owner's Property"); and WHEREAS, the City is the owner of roadway and utility easement on Owner's property legally described as follows: A permanent easement for roadway and utility purposes over, under and across that part of the North 25.00 feet of the south 444.91 feet of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota lying easterly of Jordan Avenue and westerly of the easterly 200.00 feet of said Southwest Quarter of the Southwest Quarter. WHEREAS, a portion of the parking lot serving Owner's Property encroaches on a portion of the easement within the Owner's property, as described on Exhibit A attached hereto (the encroached portion of the easement hereinafter referred to as the "Permit Property"); and WHEREAS, Owners have requested the City to authorize continued use of the Permit Property for parking lot/drive aisle/landscaping purposes; and WHEREAS, such continued use of the Permit Property is not inconsistent with current use of the easement by the City and the public; and WHEREAS, the City may in the future desire to use the Permit Property for other purposes which are not consistent with parking/drive aisle/landscaping use, and therefore the City intends to retain all of its right, title, and interest in the Permit Property. NOW THEREFORE, the parties agree as follows: 1. Permit. Owners shall be permitted to use the Permit Property for parking lot/drive aisle/landscape purposes at Owner's sole expense and risk, and with full knowledge the City may, upon notice as provided herein, require Owner's parking lot/drive aisle/landscaping to be removed from the Permit Property at any future date, at Owner's expense. The Permit Property must be kept open to public use at all times, and not fence or other obstruction may be placed on the Permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 2. Maintenance of Permit Property: Modification. Owner shall maintain the Permit Property in good condition at all times, at their sole cost and expense. If Owner fails to do so, the City may cause the necessary repair or maintenance to be done at Owner's cost. If Owner fails to pay the City for such costs, the City may assess the costs against Owner's Property. Owner shall not make any modifications to the parking lot/drive isle/landscaping or otherwise modify the permit Property without the prior written approval of the City, which may be given or withheld in the sole discretion of the City. 3. Termination. In the even the City desires to use the Permit Property for a purpose which is inconsistent with the parking lot/landscaping use by Owner, to be determined in the City's sole discretion, or in the event Owner fails to comply with any requirement of this Agreement within sixty (60) days after receiving a notice form the City requesting such compliance, the City through its City Manager may terminate this Agreement by giving ninety days (90) days written notice of termination to Owner by certified mail at the following address: 5116 Gateway Street, Prior Lake, Minnesota, 55372. Such notice may, at the City's option, require Owner to completely remove the 2 parking lot/drive isle land/landscaping from the Permit Property within said ninety (90) day notice period, including all debris. If this Agreement is terminated by the City as provided herein, Owner will be solely responsible for all costs and expenses related to construction of a parking lot/drive aisle/landscaping which is located on Owner's Property in accordance with all City Ordinances. If Owner fails to remove the parking lot/drive aisles/landscaping as required by a proper notice of termination, the City may cause the removal to be done and costs of such work shall be paid by Owner, If Owner fails to pay the City for such costs, the City may assess the cost against the Owner's Property. 4. Future Development. Owner understands and acknowledges the City may utilize the Permit Property for roadway and utility purposes at some future date, and the design of such access shall be in the sole discretion of the city. In the event the City undertakes such development, and if this Agreement is not terminated by the City as provided above, Owner agrees to cooperate with the City as necessary to facilitate construction of such roadway and utility improvements, and the City agrees to use its best efforts to accommodate Owner's access over the Permit Property during construction. 5. Indemnity. Owner shall defend, indemnify, and hold harmless the City and its employees, subcontractors, agents, and representatives from and against all claims, damages, losses, costs and expenses, including attorney's fees, which may be incurred by or asserted against the City or for which the City may be held liable, which arise out of or result from use of the Permit Property for parking lot/drive aisle/landscaping purposes, including but not limited to the maintenance, repair or removal of Owner's parking lot/drive aisle/landscaping, except liability caused solely by the negligence of the City. 6. Insurance. As long as this permit is in existence, Owner shall maintain a general liability insurance policy which provides coverage for the Permit Property for any damage to property of others or injuries to persons. Said insurance policy shall provide coverage on an occurrence basis in an amount no less than one hundred thousand dollars ($100,000.00), and shall include contractual liability coverage to provide coverage for the indemnification provision in Paragraph 5 above. Said policy shall contain a clause which provides that the insurer will not change, non-renew, or materially change the policy without first giving the City thirty (30) days prior written notice. Owner shall provide the City with a Certificate of Insurance for said policy which specifically details the conditions of this Paragraph 6. 7. Waiver of Claims. Owner acknowledges City's ownership of the Permit Property and knowingly waives any and all claims against the City related to Owner's use of the Permit Property, including but not limited to claims of abandonment and contractual claims arising out of this Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. 3 8. Condition of Property. Owner accepts the Permit Property "as is" and the City makes no warranties regarding the conditions of the Permit Property or the suitability of the Permit Property for Owner's purposes. 9. Bindin~ Effect. This Permit Agreement shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs, successors, or assigns. 10. Whole A~reement: Modifications. This Agreement contains all of the terms and conditions relating to the permit granted herein, and replaces any oral agreements or other negotiations between the parties relating to the permit. No modifications to this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 11. Recordation. Owner shall cause this Permit Agreement to be recorded in the office of the Scott County Recorder/Registrar of Titles at their cost and expense. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF PRIOR LAKE OWNER(S) By Lydia Andren, Mayor By Frank Boyles, City Manager STATE OF MINNESOTA) )SS COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 1997, by Lydia Andren and Frank Boyles, the Mayor and City Manager respectively of the City of Prior Lake, on behalf of the City of Prior Lake through authority granted by its City Council. Notary Public 4 ~7 STATE OF MINNESOTA) )SS COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 1997, by , on behalf of the (corporation/partnership). Notary Public 5 AGENDA ITEM: SUBJECT: APPLICANT: SITE: PRESENTER: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 4A Conduct public hearing to consider a conditional use permit (CUP) and conditional sign permit for Lemke Professional Office Building (Case #97-019) Paul Lemke 5116 Gateway Street, located north of Gateway Street, southeast of Highway 13, west of Jordan Avenue and east of Franklin Trail. Jenni Tovar0pf ---X--YES _NO-N/A March 24, 1997 The City received an application for a Conditional Use Permit (CUP) from Paul Lemke on March 4, 1997. The applicant proposes to construct an office/retail building on the north side of Gateway Street, across from Rademacher's. The proposed building will be 10,400 square feet. The upper level will be occupied by Lemke Chiropractic and two leased tenants (possibly a Montessori day care facility). The lower level will be entirely leased space (three tenants). The property is zoned B-3 General Business. "Personal and professional services" are a conditional use in the B-3 zone and retail businesses are permitted uses. REVIEW PROCESS: The proposed CUP should be reviewed in accordance with the criteria found in Section 7.5(C) of the Zoning Ordinance. Section 7.5(C) provides that a conditional use shall be ~proved if it is found to meet specific criteria. The criteria are discussed on the following pages. ' SITE ANALYSIS: The subject site consists of 2 acres located at 5116 Gateway Street. The site is surrounded by commercial uses. Directly to the south is Rademacher's Super Valu and a retail strip mall, to the north is Gateway Center (office) and First Bank. To the east is Franklin Trail and to the northwest is HWY. 13 (see Site Location Map). The proposed 16200 E?i~~~Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER building will be constructed on the westerly portion of the lot. The easterly portion of the parcel is to be undisturbed and remain "natural". CONDITIONAL USE PERMIT ANALYSIS: Section 7.5(C) sets forth several criteria for approval of a CUP. These criteria and the staff analysis of compliance with these criteria are set forth below; 1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this Ordinance. The proposed use is consistent with the conditional use and permitted use provisions for the B-3 General Commercial zoning district and conforms to all general regulations of the Zoning Ordinance (upon satisfaction of conditions). 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious, or noxious to any other property or persons, shall comply with the performance standards listed below. The proposed use is office/professional services and retail tenants. Adjacent uses are that of office and professional service, a bank, and a retail center. The proposed use does not appear to be dangerous, injurious, or noxious to any other property or persons. 3. The proposed use shall be sited, oriented and landscaped to produce harmonious relationship of buildings and grounds adjacent to buildings and properties. The following table depicts Landscape Requirements and how the applicant has addressed them. Trees Ordinance Requirement 25 Trees (1/40' perimeter of area being disturbed 981 feet) Entry areas to be landscaped (no specific required plantings) One every 180' Combination of elements on new parking lots (Berm, plantings, fence) 6 Foot screen, combination of fence/plantinglberms. Entry Parking Islands Parking Screening Other Screening (Service Storage Areas) Plans Prepared by a Certified or Registered Landscaped Architect. 97-0 19PC.DOC 2 Applicant Proposal 20 Trees Entries are landscaped on both sides with trees and shrubs. N/A Shrubs along Gateway Street, trees along HWY. 13. 6' Trash enclosure of same materials as principle building with landscaping. Plans not signed. The applicant must revise the landscape plan to provide the minimum required plantings (25 trees). There are 3 significant trees on the east portion of the site that will remain undisturbed (no landscape credit given, as the undisturbed area was not used in calculating perimeter). Additionally, the landscape ordinance requires new parking areas to be screened with multiple elements to provide screening year round. The north parking lot will be screened using trees; given the slope to HWY. 13, a fence/berm would be ineffective in screening this parking from HWY. 13. The applicant has proposed to screen the south parking lot with shrubs. The landscape plan must be revised to show multiple elements (berm, fence, plantings). 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. The building will be finished with brick and have architectural metal entrances. Other buildings in the area are finished with brick and the retail center is finished with stucco. The proposed materials and landscaping is consistent with adjacent uses and the effect on the environment of the neighborhood is minimal. The City's sidewalk policy is that sidewalks are required along collector streets. Gateway Street, access to the site, is classified as a local street. The property also has frontage along Franklin Trail, which is a collector street. However, the proposed development will be left "natural" along this side of the parcel. A sidewalk along Gateway Street is not consistent with with City policy. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion within the neighborhood. The proposed project provides sufficient area for vehicular parking. The ordinance requires I stall for every 200 square feet of retail space and one stall for every 250 square feet of office/professional service. The applicant is proposing 4400 square feet of retail and 6000 square feet of office. This is results in 46 stalls required. The applicant is proposing 47 stalls. Due to the topography, the building and parking will be accessed on the second floor on the south side and on the first floor on the north side. The applicant shows all parking areas to be paved, striped, and curbed. A loading berth needs to be provided (5-5-6). This can be designated in a parking stall and must be indicated on the site plan or otherwise provided. There are two access from Gateway Street, which are existing curb cuts. Gateway is a local street that feeds in to Franklin Trail and up to 160th Street or to HWY. 13. Traffic congestion is expected to be minimized as it is directed from Gateway Street to Franklin Trail, 160th Street and HWY. 13. 97-019PC.DOC 3 --T----- ~- - - - ._~ 6. The proposed use shall preserve the objectives of this Ordinance and shall be consistent with the Comprehensive Plan. The Comprehensive Plan designates this property as C-CC Retail Shopping (Community). The performance standards are set forth in Section 7.5(D) and relate to the following factors; . Fire protection . Electrical disturbance, . Noise . Vibrations, . Odors . Air pollution, . Glare . Erosion, . Water pollution. The proposed project is not expected to result in any of the nuisance factors set forth in the performance standards and is thus consistent with these standards. CONDITIONAL SIGN PERMIT The sign ordinance requires that any signs on uses that are conditional require approval as a Conditional Sign Permit. Only signs representing "Personal or professional services" are conditional. Retail business signs are permitted. The total maximum allowed area is: Wall Signs Cannot exceed 20% front facade. maximum area of each si2n is 200 sq. feet. Allowable sign area facing Gateway Street is 350 square feet; Facing HWY. 13 is 640 square feet (can be placed on north or west walls). The applicant is proposing 133 square feet of signage facing Gateway Street, 197 square feet on the north wall facing HWY. 13 and 82 square feet on the west wall facing HWY. 13. Monument Signs Can have 2 sides of 120 square feet maximum each side. no hi2her than 10' above the centerline erade. and setback 10 feet from property line. The applicant is proposing a 12 by 10 foot monument sign, setback 10 feet and less than two feet above the centerline grade ofHWY. 13. The applicant meets the requirements of the sign ordinance as to size, area type and location for conditional and permitted signs. 97-019PC.DOC 4 AL TERNA TIVES: 1. Adopt Resolution 97 -07PC, (recommending the City Council approve the CUP for Lemke Professional Building) and Resolution 97-08PC, (approving the conditional sign permit) as presented or with changes recommended by the Commission. 2. Continue the public hearing to a date and time certain to allow the developer and/or staff to provide additional information specifically requested by the Planning Commission. 3. Based upon expressed findings of fact, recommend the City Council deny part or all of the applications based upon inconsistency of the proposal with specific regulations of the Zoning and Subdivision Ordinances and/or specific policies of the Comprehensive Plan. RECOMMENDATION: Staff recommends Alternative # 1. Resolution 97-08PC approving the Conditional Sign Permit contains no conditions. Resolution 97-07PC approving the CUP contains the following conditions: 1. The applicant must submit a revised landscape plan indicating improvements to be made that meet all criteria of the landscape ordinance (Section 6.10, including an irrigation plan) as indicated in report including screening of parking along Gateway Street with multiple elements (not just a plantings). 2. The applicant must submit a lighting plan that meets City Code lighting standards and is approved by the Planning Department. 3. The applicant must submit a revised site plan indicating: . adequate snow storage along Gateway Street (as approved by City Engineer); . a loading berth (can be a designated parking stall). 4. The applicant must submit a utility plan indicating location and hook-up of utilities (sewer and water) and storm sewer and run-off directions. The applicant will be responsible for disconnection of hook-ups not used on the site, upon construction of building. 5. The applicant must submit a grading plan with proposed contours and erosion control to be approved by City Engineer. 6. The applicant must submit a drainage plan implementing infiltration methods such as those identified in MPCA's Best Management Practices (infiltration trenches, swales, etc.) to be approved by City Engineer. 97-019PC.DOC 5 7. The applicant must submit a Topographical Survey that is at an engineering scale and signed by a registered land surveyor. 8. A permit will be required if a storm sewer pipe is outletted into the T.H. 13 right-of- way. 9. The improvements must be done before certified copies of the resolution are released for recording at the county. The applicant has 30 days to submit plans that are meet the requirements of the ordinance and conditions set forth in Resolution 97-07PC (City Code Section 5-6-5B). The applicant has until one year from the date of adoption of Resolution 97-07PC to complete the required improvements and record the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). ACTION REQUIRED: Motions to adopt the proposed resolutions as written or with changes directed by the Planning Commission. 97-0 I 9PC.DOC 6 RESOLUTION 97-07PC RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE THE CONDITIONAL USE PERMIT FOR LEMKE PROFESSIONAL BUILDING. MOTION BY: SECOND BY: WHEREAS: the Prior Lake Planning Commission conducted a public hearing on March 24, 1997, to consider an application from Paul Lemke for a Conditional Use Permit (CUP) for Lemke Professional Building; and WHEREAS: notice of the public hearing on said CUP has been duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS: the Planning Commission proceeded to hear all persons interested in this issue and persons interested were afforded the opportunity to present their views and objections related to the CUP for Lemke Professional Building; and WHEREAS: the Planning Commission finds the proposed use consistent with the Year 2010 Comprehensive Plan; and WHEREAS: the Planning Commission finds the CUP of Lemke Professional Building in harmony with both existing and proposed development in the area surrounding the project; and WHEREAS: the Planning Commission finds the proposed CUP of Lemke Professional Building 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 of Lemke Professional Building meets the criteria for approval of CUP is contained in Section 7-5 C 1-6 of the Zoning Ordinance and Section 3 of the City Code. RES97-07.DOC 16200 ffigle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NOW, THEREFORE, BE IT HEREBY RESOL YED BY THE PLANNING COMMISSION OF THE CITY OF PRIOR LAKE, MINNESOTA, that it recommends the City Council approve the CUP for Lemke Professional Building subject to the following: 1. The applicant must submit a revised landscape plan indicating improvements to be made that meet all criteria of the landscape ordinance (Section 6.10, including an irrigation plan) as indicated in report including screening of parking along Gateway Street with multiple elements (not just a plantings). 2. The applicant must submit a lighting plan that meets City Code lighting standards and is approved by the Planning Department. 3. The applicant must submit a revised site plan indicating: . adequate snow storage along Gateway Street (as approved by City Engineer); . a loading berth (can be a designated parking stall). 4. The applicant must submit a utility plan indicating location and hook-up of utilities (sewer and water) and storm sewer and run-off directions. The applicant will be responsible for disconnection of hook-ups not used on the site, upon construction of building. 5. The applicant must submit a grading plan with proposed contours and erosion control to be approved by City Engineer. 6. The applicant must submit a drainage plan implementing infiltration methods such as those identified in MPCA's Best Management Practices (infiltration trenches, swales, etc.) to be approved by City Engineer. 7. The applicant must submit a Topographical Survey that is at an engineering scale and signed by a registered land surveyor. 8. A permit will be required if a storm sewer pipe is outletted into the T.R. 13 right-of- way. 9. The improvements must be, done before certified copies of the resolution are released for recording at the county. The applicant has 30 days to submit plans that are meet the requirements of the ordinance and conditions set forth in Resolution 97-07PC (City Code Section 5-6-5B). The applicant has until one year from the date of adoption of Resolution 97-07PC to complete the required improvements and record the resolution or the Conditional Use Permit becomes null and void (Section 5-6-8). RES97-07.DOC IT 10. If the proposed parking/drive aisle is to be located on a city easement, a Permit Agreement for Private Use of Public Property/Easements must be executed between the city and the applicant. This document is to be drafted by the City Attorney. Passed and adopted this 24th day of March, 1997. YES NO CREIGO KUYKENDALL LOFTUS WUELLNER VONHOF CREIGO KUYKENDALL _ LOFTUS WUELLNER - VONHOF Bill Creigo, Chair Planning Commission Donald Rye, Director of Planning City of Prior Lake RES97 -07.DOC IT RESOLUTION 97-0SPC A RESOLUTION GRANTING A CONDITIONAL SIGN PERMIT TO PERMIT A MONUMENT SIGN AND WALL SIGNS FOR A CONDITIONAL USE (PERSONAL AND PROFESSIONAL SERVICES) ON PROPERTY LOCATED AT 5116 GATEWAY STREET (LEMKE PROFESSIONAL BUILDING) FOR LEMKE CHIROPRACTIC WHEREAS, Lemke Chiropractic has applied for a Conditional Sign Permit as required by Section 7.6 of the Zoning Ordinance in order to permit a monument sign and wall signs for a use requiring a conditional use permit at the following location, to wit: 5116 Gateway Street, legally described as: That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southwest comer of said Southwest Quarter of the Southwest Quarter; thence East along the South line thereof a distance of 393.00 feet to a point hereinafter referred to as point A; thence North at right angles to said South line a distance of 173.00 feet; thence East parallel with said South line a distance of717.34 feet more or less to a point 200.00 feet West of the East line of said Southwest Quarter of the Southwest Quarter; thence Northerly and parallel with said East line a distance of 246.91 feet to the actual point of beginning of the tract of land to be described; thence continuing Northerly parallel with said East line a distance of 70.60 feet; thence deflecting to the left at an angle of 82 degrees 15 minutes 01 seconds a distance of 376.61 feet; thence Northwesterly along a line drawn at right angles from the Southeasterly right-of-way line of State Trunk Highway No. 13 a distance of 143.62 feet to the Southeasterly right-of-way line of said State Trunk Highway No. 13; thence Southwesterly along said right-of-way line to its intersection with a line drawn North at right angles to the South line of said Southwest Quarter of the Southwest Quarter from the aforementioned point A; thence South along said line to its intersection with a line drawn West parallel with said South line of Southwest Quarter of the Southwest Quarter from the actual point of beginning; thence East along said parallel line to the actual point of beginning. WHEREAS, the Planning Commission has reviewed the application for conditional sign permit as contained in Case #97-019 and held hearings thereon on March 24, 1997; and WHEREAS, the Planning Commission has considered the effect of the proposed sign upon the property in the surrounding area and the effect of the proposed sign on traffic; and WHEREAS, because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed sign will not danger to the public safety, have a negative impact on surrounding property or 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER traffic, and unreasonably diminish or impair health, safety, comfort, morals or in any other respect be contrary to the Zoning Ordinance; and WHEREAS, the contents of Planning Case 97-019 are hereby entered into and made a part of the public record and the record of decision for this case. Pursuant to Section 5-7-16 of the Ordinance Code the sign permit will be deemed to be null and void six (6) months from the date of approval if the holder of the sign permit has failed to complete the contemplated improvements. NOW, THEREFORE, BE IT RESOLVED BY the Planning Commission of the City of Prior Lake, Minnesota: A conditional sign permit is granted to permit the construction of a monument sign and wall signs for Lemke Professional Building as proposed in Exhibit A (the site plan submitted with the conditional sign permit application contained in Case file 97-019, dated March 12, 1997), attached to and made a part of the resolution. Adopted by the Board of Adjustment on March 24, 1997. William Criego, Chair ATTEST: Donald R. Rye, Planning Director 1:\97fi1es\97cup\97 -0 19\res97-QS.doc 2 ~-ur 't7~. . ~ li .~~ TRACT G \:, R'. \.... 5 TRACT H ~ ~. to . ~. , ~2~ I~'{, ~ MilzrJ ~.. ~ ~. ~ II \ . . . 13 12 13 E : DONALD LOEHR . ,20~2'75 ~~ -<.~~ UI PL 2 - 2'1'80 LAWRENCE HAFERMAN PL2-278A &II ~ 203 ~ 0() ,... ~ 0 ....i"'-L- - \J\ <>> \:)I o It'l 2! / , ~~ t::J" 'i'- . ~ U 0- 11"\ .~ - ,0 ...J 5300 DI~-r. ::.:: ") z ~ <t 1'51r"S. a:: 0 "'- LI.. .. :.~ 10 \r 3'3 ..1 I I '. "l: X42B ,... 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I i mil i 'j! ~ Iii .. IiI Ii .~-I - 11\ j,! 1 ~ ' 'l. ~ "\' t> I- I}~ 'lIi I I.. I I I _~ II I , I-' i'l LEMKE PROfESSIONAL BUILDING SOt1TH H16Ht'olA,. 13 PRIOR LAKE. MINNESOTA .,20 LANDSGA~ PLAN / DETAILS [ g. fff"'fl.UUHH,ffflffi'IU i Ifl . fi~li((I{ 'Jll.II""1 t ~ " f ~ . .;W~~NWW.W~W.C~.~W-..---- -:..~.:~..~..:-..._~~~-~~ ~liililliiliilEEEEE~~~~~~ Ii III III ~~I Pi] .1 III ~ .. 11 ~ ~ 11 .. i~ ; i !; t'1 ~ fl ~ ~Ii I~ 2 ''-1 ~; ~ 2 )> ! II CJ'1 II I LEMKE PROFESSIONAL BUILDING 5111 GATT:!NAY STREET PRIOR LAKE. MNlEIIOTA ~rn cs rn Dwrn ~ ~EJ~ EXTBllOR a.EVA 11ON8 IIlULDINB 8ECT1ONB iil!1 ! ~ ~II II I Ii! ~ o uJ en - Gi 0: $1 .. n ~ i ~ fo---- , , , l~____ i ~ ~ LEMKE PROFESSIONAL BUILDING )> I II 51lI GATf!!NAY lITREET PRIClft ~ . ......,..A CI.) I' I lOWER . U'PER I.FJEI.. FlOOR PlANI $1 n i i ~ lliJi I ----, 0' I I I , 01 ----.I ====~==========~======== lliJi I ---cil I I I 01 ____.I 1111 ~ !i!~O !'1<rn ~~ > l;:l t.z:I -+- -- D F- ~ I]:i~ ~.i l i-14~7 , " --, Planning Case File No. Property Identification No. q7-D19 dY f:(3/g"'OIJ..-1 jL/- i City of Prior Lake LAND USE APPLICATION 16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245 Type of Application: Brief description of proposed project (attach additional o Rezoning, from (present zoninjl:) sheets/narrative if desired) to (proposed zoninjl:) o Amendment to City Code, Compo Plan or City Ordinance o Subdivision of Land o Administrative Subdivision tEl Conditional Use Permit o Variance o Other: L?~).<.., "q,~ ~~-/,,~.:;,/ 6~)/cIJ)-t~ I t>f?JL-e Applicable Ordinance Section(s): Applicant(s): R~/ w. "-.em,l-e /J. C. Address: /'/b;;~ W//c/..r Ar~t:-vQ>~ 4,()~ k~ Home Phone: t/~S--7003 / Work Phone: &" t./~O - ,;;J;).5.5 Property Owner(s) [If different from Applicants]: Address: Home Phone: Type of Ownership: Work Phone: Fee _ Contract for Deed _ Purchase Agreement Legal Description of Property (Attach a copy if there is not enough space on this sheet): Se-- q/kk.ct e the information provided in this application and other material submitted is correct. In evant sections of the Prior Lake Ordinance and procedural guidelines, and understand that cessed until deemed complete by the Planning Director or assignee. 2~OJ~-77 Date Fee Owner's Signature ~-3-77 Date THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE PLANNING COMMISSION CITY COUNCIL APPROVED APPROVED DENIED DENIED DATE OF HEARING DATE OF HEARING CONDITIONS: Signature of Planning Director or Designee lu-app2.doc Date NOTICE OF HEARING FOR CONDITIONAL USE PERMIT You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21 and Fish Point Road), on Monday. March 24. 1997. at 6:30 p.m. or as soon thereafter as possible. APPLICANT: SUBJECT SITE: LEGAL DESCRIPTION: REQUEST: Paul W. Lemke 14624 Wilds Parkway Prior Lake, MN 55372 5116 Gateway Street This property is located north of Gateway Street, southeast of Highway 13, west of Jordan Avenue and east of Franklin Trail. That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter; thence East along the South line thereof a distance of 393.00 feet to a point hereinafter referred to as point A; thence North at right angles to said South line a distance of 173.00 feet; thence East parallel with said South line a distance of 717.34 feet more or less to a point 200.00 feet West of the East line of said Southwest Quarter of the Southwest Quarter; thence Northerly and parallel with said East line a distance of 246.91 feet to the actual point of beginning of the tract of land to be described; thence continuing Northerly parallel with said East line a distance of 70.60 feet; thence deflecting to the left at an angle of 82 degrees 15 minutes 01 seconds a distance of 376.61 feet; thence Northwesterly along a line drawn at right angles from the Southeasterly right-of- way line of State Trunk Highway No. 13 a distance of 143.62 feet to the Southeasterly right-of-way line of said State Trunk Highway No. 13; thence Southwesterly along said right-of-way line to its intersection with a line drawn North at right angles to the South line of said Southwest Quarter of the Southwest Quarter from the aforementioned point A; thence South along said line to its intersection with a line drawn West parallel with said South line of Southwest Quarter of the Southwest Quarter from the actual point of beginning; thence East along said parallel line to the actual point of beginning. The applicant is proposing to construct a professional office building and the accessory signs at the above location, zoned B-3 (General Business). The Prior Lake Zoning Ordinance requires a conditional use permit for this use in the B-3 district. If you are interested in this issue, you should attend this hearing. The Planning Commission will accept oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Jane Kansier Planning Coordinator City of Prior Lake TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON MARCH 8,1997 1:\97files\97cup\97-019\97019pn.doc 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER INTEROFFICE MEMORANDUM DATE: PLANNING ~ Ralph Teschner Lemke Professional Office Bldg. (assessment/fee review) March 5, 1997 TO: FROM: RE: Dr. Paul Lemke proposes to construct a professional office building on a 2.0 acre tract in 36-115- 22 (PIN #25 936 012 1). This area was originally served with water utilities on the east side of the property abutting Franklin Trail under Project 72-4 and was assessed 600' of frontage for water main only. The portion of the property abutting Highway 13 was served with both sewer and water utilities under Project 72-6 and was assessed 888.23' of frontage for sewer and 700.45' for water plus a trunk acreage charge for the entire site. In 1982 the property was charged for stormwater improvements under Project 81-2. There are no other city charges which would be applicable to this property unless the property would be formally subdivided. There are no outstanding special assessments currently certified against the property. Also, the tax status of the property is current with no outstanding delinquencies. 16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNrrY EMPLOYER RISPLITSISPL9706.DOC PLANNING COMMISSION MINUTES MARCH 24, 1997 ~~~~~ 1. Call to Order: The March 24, 1997, Planning Commission meeting was called to order by Chairman Criego at 6:31 p.m. Those present were Commissioners Criego, Stamson, V oOOof, and Wuellner, Director of Planning Don Rye, Planner Jenni Tovar and Recording Secretary Connie Carlson. 2. Roll Call: V oOOof Wuellner Stamson Kuykendall Criego Present Present Present Absent Present 3. Approval of Minutes: Correction: Take Commissioner "Wuellner" out offrrst paragraph on page one. Vote taken signified ayes by Criego, Wuellner, V oOOof and Stamson. MINUTES APPROVED. 4. Public Hearings: ~ A. CASE #97-019 CONDITIONAL USE PERMIT REQUEST - Presented by Planner Jenni Tovar. The City received an application for a Conditional Use Permit (CUP) from Paul Lemke on March 4, 1997. The applicant proposes to construct an office/retail building on the north side of Gateway Street, across from Rademacher's. The proposed building will be 10,400 square feet. The upper level will be occupied by Lemke Chiropractic and two leased tenants. The lower level will be leased to three tenants. The property is zoned B-3 General Business. "Personal and professional services" are a conditional use in the B-3 zone and retail businesses are permitted uses. The subject site consists of2 acres surrounded by commercial uses. The proposed building will be constructed on the westerly portion of the lot. The easterly portion of the parcel is to be undisturbed and remain "natural". Staff recommended approval of the Resolutions with 10 conditions; 9 outlined in the staff report with an additional condition regarding a 25 foot roadway and utility easement. Comments from the public: -~ Comments from the Commissioners: 0~~~~ Applicant commented he was in agreement with the staff report. V onhof: · Questioned State Highway setbacks. Tovar responded the City's is 50 feet. · Questioned drainage near Highway 13. Tovar explained the drainage ditch near the Highway. . Tree requirements. . The floor level of the upper building will be even with Highway 13. . David Chant, 18896 Orchard Court, Lakeville, the architect described the retaining walls along the building. . Mr. Chant also explained the landscape design and does not see a problem with drainage on the parking lot. . Supported staff report with the outlined conditions. Wuellner: . Questions and concerns answered. Stamson: . Agreed with Wuellner. . Questioned staff with the trash enclosure. . Supportive of staff recommendation. Criego: . Tovar explained the roadway easement on the parking lot. . The City Attorney would draft a liability contract between the City and applicant. . Mr. Chant explained the facade of the building. (Two tone earth-colored brick) . Supportive of staff with the provisions outlined. MOTION BY VONHOF, SECONDED BY WUELLNER. TO ADOPT RESOLUTION 97-07 PC RECOMMENDING THE CITY COUNCIL APPROVE THE CONDITIONAL USE PERMIT FOR THE LEMKE PROFESSIONAL BUILDING WITH THE 9 CONDITIONS OUTLINED IN THE STAFF REPORT WITH THE ADDITIONAL CONDITION REGARDING THE ROADWAY AND UTILITY EASEMENT. V ote taken signified ayes by all. MOTION CARRIED. Comment by V onhof regarding the sign permit - Based upon the staff report and the information received, the request is within the Ordinance required and consistent with the area. Commissioners concurred.