Receipt:# 377776
4132198
RES $46.00 111111111111111111111111111111111111111111111 Return to: DENMARK TOWNSHIP 14008 90TH ST SOUTHHASTINGS MN 55033 Certified Filed and/or recorded on:
10/18/20172:29 PM
4132198
Office of the County Recorder Washington County, Minnesota
Jennifer Wagenius, County Recorder
ADMINISTRATIVE PAGE AND CERTIFICATION
Document Title:
2017-29 RESOLUTION APPROVING A CONDITIONAL USE PERMIT
TO OPERATE CERTAIN USES ON THE PROPERTY LOCATED AT
12044 120
thSTREET SOUTH
Return To:
Denmark Township, 14008 90
thSt
.
, Hastings, MN 55033
Drafted By:
Troy Gilchrist, Kennedy
&Graven, Chartered, 470 U
.
S. Bank Plaza,
200 South 6
thStreet, Minneapolis, MN 55402
Certification:
STATE OF MINNESOTA
)
COUNTY OF WASHINGTON
)
TOWN OF DENMARK
)
The undersigned, being duly qualified and acting as appointed Clerk-Treasurer of the Town of
Denmark, Washington County, Minnesota, in the capacity as an ex-officio notary public under
Minnesota statute section 358
.
15 hereby certifies the attached is a full
,
true and correct copy of
2017
-
30 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO OPERATE
CERTAIN USES ON THE PROPERTY LOCATED AT 12044 120
thSTREET SOUTH,
approved by the Denmark Town Board of Supervisors at a meeting held on the
2NDday of
October, 2017 and signed before me by the Town Board Chairperson on behalf on the Town
Board.
WITNESS MY HAND officially as the Town Clerk
-
Treasurer of the Town of Denmark
,
Minnesota, this
/~ ~
day of October, 2017.
(Seal)
\_ ~ . .. ::".,.
,:,; " . ,' . ~.Becky He an, Clerk
-
Treasurer
Town of Denmark, Minnesota
~.~-
,,,,,~""
•... ~ .. "
DENMARK TOWNSIDP
WASHINGTON COUNTY, MINNESOTA Resolution No. 2017-29
RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO OPERATE CERTAIN USES ON THE PROPERTY
LOCATED AT 12044120tb
STREET
WHEREAS, Patrick Regan, representing Minnesota Coaches Inc. ("Applicant"), has
applied to Denmark Township for an amended conditional use permit for a parcel of property
(PID 31.027.20.33.0007) currently owned by Camegran, LLC located at 12044 120
thStreet
South, Denmark Township, Washington County, Minnesota, and legally described in the
attached Exhibit A ("Property");
WHEREAS, the Applicant was granted a conditional use permit ("CUP") related to
certain industrial uses taking place on the Property, which CUP was granted as Resolution
Number 2017-17;
WHEREAS, the Applicant has submitted an application for an amended CUP to
continue certain industrial uses and begin additional activities on the Property as part of its
proposed expanded operations;
WHEREAS
,
the Applicant previously leased all 11,000 square feet of the existing
building on the Property to a total of four (4) other companies;
WHEREAS, Minnesota Coaches previously utilized approximately 900 square feet of
shop space on the east end of the building as well as about 1,000 square feet of the office area,
and 2,400 square feet for occasional driver training sessions. They operate about 40 vehicles and
employ about 60 people, most of which are part-time bus drivers and bus aides in addition to one
full-time mechanic and one full-time manager;
WHEREAS, Browns Auto Service previously utilized approximately 3,000 square feet
of shop space and office space, plus outdoor parking for 15 repaired or repairable cars;
WHEREAS, Spalding Roofmg previously utilized approximately 2,000 square feet of
shop and office space, plus outdoor parking for trailers as needed;
WHEREAS, U.S. Lawns previously utilized approximately 2,000 square feet of shop
and office space, plus outdoor parking for trailers as needed;
WHEREAS, Universal Services currently uses the Property for outdoor parking for up to
30 employee cars;
WHEREAS
,
the Applicant is proposing to continue some of the uses which were
previously allowed
,
to cease others, and to amend the CUP to allow its expanded operations to be
conducted on the Property;
1
WHERAS, the Applicant is proposing the following uses to be conducted upon the
Property (collectively, the "Proposed Uses"):
a. Office Use. The Applicant is proposing to utilize all of the office space currently
located on the Property to conduct bussing operations in conjunction with Applicant's
bussing company;
b. Additional Storage Building. The Applicant is proposing to construct an additional
50 foot by 100 foot storage building on the Property which shall be used for storage
and maintenance of motor vehicles which support the Applicant's ongoing bussing
company;
c. Service Station. The Applicant is proposing to construct a fueling point located on the Property consisting of two above-ground fuel containment systems which are
12,000 gallons and 6,000 gallons in size, respectively;
d. Expanded Parking. The Applicant has proposed to construct a total of 115 parking spots upon the Property where the Code requires a total of 80 parking spots. The Applicant proposes to construct the following parking facilities on the Property:
a. 115 -10' by 20' car stalls;
b. 23 - 11' by 35' bus stalls; and
c. 10 - 11' by 27' bus stalls.
e. New Parking Area. The Applicant is proposing to construct a new parking area to the northwest of the existing and proposed buildings which shall be constructed of 8" Class 5 aggregate and 4" recycled bituminous millings compacted to 100% standard
proctor and rolled flat; and
f. Leased Outdoor Parking. Applicant is proposing to continue allowing parking for up to 30 motor vehicles associated with Universal Services.
WHEREAS, the Applicant has noted it no longer leases any portion of the Property to
the following entities, and therefore, none of the following entities previously-conducted
activities shall continue on the Property from the date of approval of this CUP and are not considered part of the Proposed Uses:
a. Browns Automotive Service;
b. Spalding Roofs; and
c. U.S. Lawns.
WHEREAS, the Denmark Township Planning Commission held a public hearing on the requested CUP application on September 18,2017, considered the Town Planner's memorandum dated September 13,2017 concerning the CUP application and took action to recommend that the Town Board approve the requested application for the CUP with certain conditions; and
2
WHEREAS, the Town Board hereby fmds and determines the following:
a. The report submitted to the Town from the Town's Planner dated September 13,
2017, including, but not limited to, the findings contained therein, is incorporated
herein by reference ("Planner's Report"). The proposed permit conditions contained
in the Planner's Report are replaced with the conditions contained in this Resolution;
b. The report submitted to the Town from the Town's Engineer dated September 12,
2017, including, but not limited to, the fmdings contained therein, is incorporated
herein by reference ("Engineer's Report");
c. The Property is currently zoned Commercial!Industrial- Rural CI;
d. The Property contains approximately 9.88 acres;
e. The Proposed Uses are allowed with a conditional use permit in the designated
zoning district in which it is proposed;
f. The Proposed Uses will not pose a threat to the health, safety and general welfare of the occupants of the surrounding land;
g. The Proposed Uses are not anticipated to cause issues related to traffic conditions,
including parking facilities on adjacent streets and lands;
h. The Proposed Uses will not have a negative effect of the proposed use on utility and school capacities;
1.
The Proposed Uses will not have a negative effect on property values and scenic
views in the surrounding area
;
J. The Proposed Uses are in compliance with the Township's Comprehensive Plan
;
k. The Proposed Uses through compliance with applicable performance standards will
meet the standards of the Development Code;
1. The Proposed Uses will not have a negative effect on groundwater, surface water and
air quality;
m. Expected traffic arising out of the use can be handled by existing
l
ocal roadways
;
n.
T
he Minnesota Department of Transportation (
"
MNDOT") has provided a review
memorandum for the proposed amended CUP indicating that the existing parking lot
encroaches upon MNDOT right-of-way;
o
.
MNDOT has also raised concern regarding the western access drive and the
possibility for traffic concerns at the intersection of 120
thStreet and Highway 61.
3
The Applicant has agreed to continue to work with MnDOT to address its concerns,
obtain any necessary permits, and to explore other options such as installing a tum lane onto Highway 61; and
p. The Town Board determines the use, as proposed, satisfies the criteria for granting a conditional use permit in Chapter One, Section 10.3 of the Denmark Township Development Code ("Development Code").
NOW, THEREFORE, BE IT RESOLVED,
that the Town Board of DenmarkTownship, based on the Planner's Report, the record, and the findings and determinations contained herein, hereby approves and issues the requested CUP in order to allow the Applicant to conduct the Proposed Uses upon the Property provided the Applicant complies with, and remains in compliance with, all of the following conditions:
1. Scope. The Applicant shall be permitted to conduct the Proposed Uses on the Property pursuant to the findings of fact and conditions outlined in this approval. Such uses shall be limited to those Proposed Uses outlined herein. Any further alteration ofthe use of the Property, or of any plans submitted related to those uses including, but not limited to, expansion of the use beyond what is allowed by this CUP, shall not be permitted unless an amended conditional use permit is approved and issued by the Town Board.
2. Leased Outdoor Parking. The proposed outdoor parking space which consists of up to 30 parking spaces and which shall be leased to Universal Services for employee parking shall comply with the following conditions:
a. The parking area shall be limited to the paved parking surface on the Property; and
b. Each space used for the parking of a motor vehicle shall be a minimum of nine (9) feet wide by a minimum of eighteen (18) feet in length.
3. Motor Vehicle Service Station. The proposed motor vehicle service station shall comply with the following conditions:
a. All above-ground liquid storage tanks shall have a secondary containment structure which shall be suitably sealed to hold a leakage capacity equal to not less than 110% of total storage capacity for the primary tank served by such containment structure;
b. The Applicant shall notify the Minnesota Pollution Control Agency ("MPCA") of the existence of the above-ground liquid storage tanks and shall obtain any
permits which may be reasonably necessary. The Applicant shall provide the Town with documentation of MPCA notification as well as evidence that all required permits have been obtained; and
4
c. All hazardous materials stored in an above-ground storage tank with containment must be setback a minimum of 100 feet from a water supply well.
4. Motor Vehicle Repair Use. The existing drainage system for collection of any hazardous material runoff must be maintained. Such system shall be subject to approval by the zoning administrator.
5. Access. The Applicant shall continue to maintain the western most access (which is the access closest to Highway 61) with a curved island so that it continues to serve only as a
right out access onto 120th
Street South. That access shall not serve as an entry from
120
thStreet South to the Property.
6. Landscaping. The Applicant shall comply with the landscaping plan submitted and
approved by the Town, including compliance with the requirements identified in the
Planner's Report. The location of trees planted as part of the landscaping plan must be
approved by the Town Engineer to help ensure they do not obstruct the view of drivers
and the access drives in the general vicinity.
7. Review Letters
.
The Applicant shall comply with all requirements listed in the Planner's
Report and the Engineer's Report.
8. Easements. The Applicant shall provide the Town copies of access easements and any
maintenance agreements relating to driveway access.
9. Representations. All representations, written and oral, made by the Applicant and the
Applicant's agents and representatives to the Town contained in and concerning the
application must have been true complete, and accurate at the time they were made.
10. Applicable Laws. The Applicant shall comply with all applicable federal, state, and
local laws, rules, regulations, and ordinances concerning the Property and obtain any
other permits that may be required.
11. Enforcement. A failure by the Town to take action with respect to any violation of any
condition, covenant or term of this CUP shall not be deemed to be a waiver of such
condition, covenant, or term or any subsequent violation of the same or any other
condition, covenant or term. The Applicant shall correct all defects on the Property
which violate any of these conditions immediately, but in no case more than 30 days of
receipt of written notice from the Town.
12. Inspection. The Town may inspect the Property at all reasonable times for purposes of
ensuring compliance with the conditions of this CUP.
13. Revocation. The violation of any terms or conditions of this permit including, but not
limited to, any applicable federal, state, or local laws, rules, regulations, and ordinances,
may result in revocation ofthe permit. The Applicant shall be given written notice of any
5
violation and reasonable time to cure the violation before a revocation of the permit may occur. Adherence to the terms of this permit shall be monitored on a complaint basis.
14. Binding. The permit and its conditions are binding on the parties, their successors and
assigns, and shall run with the Property, and shall not in any way be affected by the
subsequent sale, lease, or other change from current ownership, until the permit is revoked
as provided herein. The obligations of the Applicant under this permit shall also be the
obligations of the current and any subsequent owners of the Property.
15. Only Permit. This permit supersedes and replaces any other permits previously issued by
the Town, and all such previous permits shall be repealed by the Town Board by separate action.
16. Acceptance of Conditions. Utilization of the Property for any of the uses allowed by this
permit shall automatically be deemed acceptance of, and agreement to, the terms and
conditions of the permit without qualification, reservation, or exception.
17. Amendments. Any alteration or expansion of Proposed Uses, or the alteration of any
plans submitted related to the Proposed Uses, shall not be allowed unless an amended conditional use permit is obtained from the Town.
18. Costs. The Applicant shall reimburse the Town for all costs associated with this Application. Such costs shall include planning, engineering, and legal fees and costs incurred by the Town in processing this application. In the event that any fees remain outstanding, they shall be paid by the Applicant within 14 days of receiving a written
invoice from the Town. In the event that such fees are not paid, this approval shall
terminate upon recording of a Notice of Nonpayment by the Town.
19.
MNDOT. The Applicant shall make all reasonable efforts to cooperate with MNDOTwith respect to its concerns including, but not limited to, exploring whether the
construction of a right turn lane onto Highway 61 is feasible to limit traffic backing up on
120th Street.
20. Stormwater Agreement. The Applicant shall enter into a written stormwater management agreement with the Town in a form approved by the Town Attorney.
Adopted this 2nd day of October, 2017.
BY THE TOWN BOARD
Attest: ~ ~ •• ,.,._,
Becky He an, Clerk-Treasurer
6
EXHIBIT A
Legal Description of Property
The West Five Hundred Forty (540) feet of the South One-half of the Southwest Quarter (S 112
ofSW 1
1
4) of Section Thirty-one (31), Township Twenty-seven (27) North, Range
T
wenty (20)
West, Washington County, Minnesota, excepting out the North 322
.
67 feet thereof and the
follow described property
;
Commencing at the southeast comer ofthe above described property, thence North 00 degrees
12 minutes 19 seconds East along the east line the above described property a distance of 33.00
feet to the point of beginning of the parcel to be described; thence North 00 degrees 12 minutes
19 seconds East along the east line the above described property a distance of 535.19 feet
,
thence
North 89 degrees 36 minutes 52 seconds West a distance of95.77 feet; thence South 53 degrees
48 minutes 29 seconds West a distance of 145.51 feet; thence South 00 degrees 12 minutes 19
seconds West a distance of 448.48 feet to the southerly right of way line of 120
thStreet
,
said
right of way line being 33
.
00 feet northerly and perpendicular to the south line of said Section
31; thence South 89 degrees 36 minutes 52 seconds East along said right of way line distance of
212
.
89 feet to the point of beginning
.
A-I
