HomeMy WebLinkAbout01-11 RESOLUTION 01-11
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW
THE CONSTRUCTION OF A GAS STATION/CONVENIENCE STORE/CAR
WASH
MOTION BY: ERICSON SECOND BY: GUNDLACH
WHEREAS, the Prior Lake Planning Commission conducted a public hearing on December 11,
2000, and on January 16, 2001, to consider an application from Lyndale Terminal
Co. for a Conditional Use Permit (CUP) for the construction of a gas
station/convenience store/car wash on the property located at the southwest comer of
CSAH 42 and Pike Lake Trail and legally described as follows:
Lot 2, Block 1, Fountain Hills Addition.
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 proposed CLIP; and
WHEREAS, the City Council considered the application for a CUP on February 5, 2001; and
WHEREAS, the Planning Commission and City Council find the CUP 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 meets the criteria
for approval of CUP as contained in Section 1102.1203 of the Zoning Ordinance and
Section 1108 of the Zoning Ordinance.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF PRIOR LAKE, MINNESOTA:
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) z~47-4245
AN EQUAL OPPORTUNITY EMPLOYER
1. It 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 goals of the Comprehensive Plan are to encourage a diversified
economic base and to promote sound land use. The proposed use provides
additional commercial development in the City. The location of the use is also
consistent with the Comprehensive Plan in that it has good access from collector
streets.
b. The use will not be detrimental to the health, safety, morals and general
welfare of the community as a whole.
In general, the proposed use will not be detrimental to the health, safety, morals and
general welfare of the community. The access to the site is from a collector street,
and will not direct traffic through any adjacent residential areas.
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.
The site plan meets the requirements of the Zoning Ordinance, with the exception of
the number of parking spaces. There is room on the site to accommodate the
required spaces.
d. The use will not have undue adverse impacts on governmental facilities,
services, or improvements which are either existing or proposed.
The streets and utilities to serve this development are in place. This use will not
adversely affect those services.
e. The use will not have undue adverse impacts on the use and enjoyment of
properties in close proximity to the conditional use.
With the required changes, the use will be screened fi:om the adjacent roads, and
will not have an adverse impact on the nearby properties.
£ 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.
The revised site plan is generally consistent with the provisions of the Zoning
Ordinance. There are some minor changes required to the site plan in order to
ensure the development is consistent with the provisions of the Zoning Ordinance.
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 CLIP approved by the City Council.
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The City Engineer has reviewed the grading and drainage plans for this site and has
generally accepted the proposal.
h. 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.
The Planning Commission recommended approval subject to conditions necessary
to meet ordinance requirements. The Commission did not feel additional conditions
were necessary for this use.
2. The Conditional Use Permit is hereby approved on the property legally described as
follows:
Lot 2, Block 1, Fountain Hills Addition.
3. The Conditional Use Permit is hereby approved subject to the following conditions:
a. The site plan must be revised to provide the minimum number of parking spaces.
b. An access easement for the shared driveway must be submitted.
c. An irrigation plan must be provided as part of the landscaping plan.
d. Drainage and surfacing plans for the car wash must be submitted for review and
approval by the City Engineer.
e. Outside Storage and Display: 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. Public Address System: No public address system shall be audible from any
property located in an "R" Use District.
g. Operation of Car Wash: The car wash will not operate after 10 p.m. or before 6
a.m. unless the doors to the bay remain closed to prevent noise impacts to the
surrounding residential neighborhoods.
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CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional
Use Permit for the construction of a gas station/convenience store/car wash. The contents
o£ Planning Case File #00-072 is hereby entered into and made a part of the public record
and the record o£ the decision for this case.
Passed and adopted this Sth day o£February, 2001.
YES NO
Mader X Mader
Ericson X Ericson
Gundlach X Gundlach
Petersen Absent Petersen Absent
Zieska X Zieska
{Seal} ~ii:yY ~~ak~
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