HomeMy WebLinkAbout10A -Diggers Polaris CUP
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
INTRODUCTION:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
AUGUST 18, 2003
10A
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF
(1) A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW MOTOR
VEHICLE SALES AND
(2) A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW MOTOR
VEHICLE REPAIR ON PROPERTY LOCATED AT 14950 ANNA TRAIL SE
(Case File #: 03-80)
Doug Nagle, of Digger's Polaris, is requesting Conditional Use Permits (CUPs) to conduct (1)
motor vehicle sales and (2) motor vehicle service and repair on property located at 16450
Anna Trail SE for a Polaris dealership. The property is zoned C-4 (General Business) and is
guided C-CC (Community Retail Shopping) on the Comprehensive Land Use Plan Map.
Motor vehicle sales and motor vehicle repair are separate conditional uses in the C-4 zoning
district.
Motor vehicle sales include the "display, sale and rental of automobiles, trucks, watercraft
and recreational vehicles outside of an enclosed building." The Zoning Ordinance defines
motor vehicle repair as "repair, lubrication, washing, detailing, equipment installation, engine
overhauls, and other similar uses involving automobiles, trucks, and recreational vehicles."
The proposed CUPs do not include the construction of recreational vehicle test tracks. More
important, a testing track is not a permitted or conditional use within the C-4 use district.
On July 28, 2003, the Planning Commission held a public hearing on this item, and
unanimously recommended approval of both Conditional Use Permits with conditions
outlined in this report.
Current Circumstances: The applicant proposes to utilize existing buildings and site
improvements for the sales and repair of recreational vehicles.
Total Site Area: The total site is approximately 7.4 acres.
Existing Use: Two structures are currently present on the site. Since 1976, the property
had been utilized for lumber yard and building material sales. However, the site is currently
vacant. Existing exterior building materials include corrugated metal siding and roof as well
as wood siding.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372.1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Topography: The site has a varied topography, The site slopes from south to north. The
highest point on this site (elevation approximately 960' MSL) is located at the south portion
of the site adjacent to Anna Trail, and low point (elevation approximately 925' MSL) at the
northwest corner of the property,
Vegetation: Mature vegetation is present along the northwest portion of the site.
Wetlands: According to information on file at the City, wetlands are not present on the site,
Access: Primary access to this property is currently from Anna Trail. The intersection of
Anna Trail and TH 13 currently is not a full access (right-in, right-out only).
Adjacent Existing Uses, Land Use, and Zoning:
Existing Use Land Use Zoning
Designation
Valley Signs C-C/C, Community R-2, Low-Medium
West Retail Shopping Density Residential
East TH 13
North Vacant R-UMD, Urban R-2, Low-Medium
Low-Medium Density Residential
Densitv Residential
South Anna Trail: C-C/C, Community C-1, Neighborhood
Creative Graphics: Retail Shopping Commercial
ISD #719
Issues:
The applicant proposes to utilize the existing structure and enclosed outdoor storage area to
conduct motor vehicle sales and motor vehicle service. There are several nonconformities
on the site.
v' Architectural materials: Existing metal building materials do not comply with the current
architectural standards. Metal cannot exceed 10 percent of an elevation visible from off-site.
v' Side Yard Setback: Existing accessory structure does not meet the required side yard
setback, However, there is a discrepancy between a survey on file with the City and the
AL T A survey submitted with the applications.
v' Parkinq: Existing gravel parking area must be surfaced with either bituminous or concrete, if
remains.
./ Landscapinq: Six existing trees could be utilized to comply with minimum landscape
requirements. The Zoning Ordinance requires 97 trees be planted on the site to comply with
the one tree per 40 feet of site perimeter for commercial uses,
./ Fence: Existing chain link fence is 6.5 feet in height. The Zoning Ordinance limits fence
height to 6 feet in side and rear yards. A fence along TH 13 cannot exceed 8 feet in height.
However, a fence that exceeds 6 feet in height shall be 90 percent opaque and constructed
of a nonmetallic material.
v' Driveway: Existing driveway encroaches into required 5 foot setback along the west property
line,
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Section 1107.2302 of the Zoninq Ordinance prohibits the issuance of a Conditional Use
Permil for any property that contains a non-conformity unless the non-conformity is removed
as a condition of the Conditional Use Permit.
Bulk Standards: Required setbacks in the C-4 district are as follows:
Required Existing Existing
Principal Accessory
Structure Structure
Front 50' 95'/135' 192'/256'
Side 20' 123'/295' 0'/390'
Parking (fronll 6' 49'
Driveway . 5' 0' 0'
The principal structure complies with minimum C-4 setback requirements. The existing
accessory structure encroaches into the adjacent parcel and does not comply with the
required 20 foot side yard setback. Staff recommends that the accessory structure be
relocated to meet minimum ordinance requirements or be removed from the site.
The Zoning Ordinance limits the height of structures in the C-4 use district to 35 feet. The
plans do not indicate the height of the existing structure. However, based upon a site
inspection it appears as though the building meets this criterion.
Architectural Materials: The Zoning Ordinance requires a minimum of 60 percent of each
building face visible from off-site to be constructed with Class I materials, Class I materials
include brick, marble, granite or other natural stone, texture cement stucco, and glass. Not
more than 10 percent of each building face visible from any off-site may be constructed of
Class III materials, which include unpainted or surface painted concrete block (scored or
unscored), unpainted or surface painted plain or ribbed concrete panels, and unfinished or
surface painted metal. The remainder of the building elevations may be constructed of Class
II materials, which include exposed aggregate concrete panels, burnished concrete block,
integral colored split face (rock face) and exposed aggregate concrete block, cast-in-place
concrete, artificial stucco (such as EIFS), artificial stone, and prefinished metal. The existing
building materials do not comply with this Ordinance, as the warehouse portion of the
building is surface painted metal. The office portion, however, is side with wood, The roof
material is also surface painted metal. The applicant has indicated that the exterior surface
materials will be upgraded to comply with the materials standards in the Zoning Ordinance,
Parking: The site plan indicates that 25 parking stalls are required for the proposed use.
The proposed floor plan shows 6,008 square feet for retail/showroom and 14,700 square feet
for warehouse, and the applicant calculated parking based upon these uses. The Zoning
Ordinance specifically precludes motor vehicles from being considered a retail use, and
warehousing is considered storage.
Four parking stalls for each service bay are required for motor vehicle service and repair.
There is no minimum parking requirement for motor vehicle sales. Based on the City Zoning
Ordinance criteria and the applicant's interpretation of his parking needs, the 25 parking
stalls are adequate for the proposed use,
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Again, as previously noted, the existing driveway encroaches into the required 5 foot side
yard setback.
Landscaping: Section 1107.1900 lists the landscaping requirements for commercial
development. Perimeter landscaping is required at a rate of 1 tree per 1,000 square feet of
gross building area or 1 tree per 40 feet of site perimeter, whichever is greater. In this case,
the calculation based upon site perimeter would yield a greater number of plantings. Thus,
minimum of 97 trees must be provided. Existing landscaping does not comply with this
minimum requirement.
The site plan does not include any of the required bufferyards. A bufferyard is "an area of
land established to protecf and screen one type of land use from another land use that is
incompatible. Screening techniques include the addition of verlical elements such as fences,
walls, hedges, berms or other feafures to mitigate the effects of incompatible land uses."
Bufferyard type "D" is required along the north and west property lines because they abut
property zoned R-2. Bufferyard "D" requires a fence in addition to plantings. Required
bufferyard landscaping is over and above the required perimeter trees. The required
bufferyard ranges from 10 to 30 feet in width, and the minimum number of plantings is based
upon the width and type of the bufferyard. Existing piant material that meets the bufferyard
planting requirements for location, size, and species may be counted toward the total
bufferyard plant material requirements. A separate landscape plan must be prepared noting
the minimum required plantings.
Tree Preservation/Mitigation: The site plan does not propose to remove existing
significant trees. Therefore, tree mitigation is not required.
Access: As previously noted, the site has access on Anna Trail and TH 13. The Minnesota
Department of Transportation has been notified of the Conditional Use Permit applications,
Comments are forthcoming concerning the future of the access on TH 13.
Utilities: Sewer and water services are currently available to the site. Pursuant to the Fire
Code, a fire hydrant is required to be installed on the north portion of the property. The
hydrant should be located to provide coverage to all structures on the site. Civil drawings
must be submitted to indicate the means in which the water line will be extended through the
site to the new hydrant.
Storm Water: There is no existing storm water ponding on the site, nor is any proposed in
conjunction with this use. The applicant is not increasing the impervious surface on the site,
The Engineering Department is recommending that ponding be provided; however, the staff
has agreed to require ponding only if the impervious surface on the site is increased, or more
than 10,000 square feet of the site is disturbed.
Fence: As noted, the existing 6.5 foot chain link fence surrounding the outdoor storage area
is nonconforming. The applicant proposes to install a 6 foot decorative wood fence along TH
13. The Zoning Ordinance permits fences up to 8 feet in height along TH 13, Fences
exceeding 6 feet require a building permit.
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Signs: The applicant proposes to install new signage in conjunction with the motor vehicle
sales and service. Wall signage cannot exceed 20 percent of the total area of the building
front. Freestanding signs cannot exceed 100 square feet in area and 20 feet in height. All
signage shall require a sign permit prior to installation.
Lighting: The site plan indicates that parking lot lighting will be installed in conjunction with
this use, however, a plan indicating photometries and light fixure location has not been
submitted with the application. A maximum of 0.5 foot-candles on the property line abutting
residential and 1,0-foot candles abutting right-of-way is permitted. A lighting plan shall be
submitted indicating fixture location and illumination distribution,
CONDITIONAL USE PERMIT FINDINGS:
The Zoning Ordinance lists specific conditions that motor vehicle sales and motor vehicle
repair must adhere to operate in the C-4 use district.
Citv Code 1102.1203 Uses Permitted Wifh A Conditional Use Permit
(1) Motor Vehicle Sales - Conditions:
a. No previously registered but currently unlicensed or non-operable vehicles shall
be stored on premises.
This shall be included as a condition of approval.
b. All open sales or rental lots shall be operated in conjunction with a building or
buildings containing the same or similar materials as displayed on the open sales or
rental lot.
This shall be included as a condition of approval.
c. The building and the sales or rental lot shall be on one contiguous site.
The building and open storage are located two contiguous parcels of land.
d. All parking and paved areas shall meet all of the landscaping and design
requirements of subsection 1107.200.
Currently, a 3 foot tall wood fence delineates a portion of the parking lot. The open storage
area is proposed to be screened with a 6 foot tall wood fence. A landscape plan must be
prepared to indicate a minimum of 97 trees to comply with minimum requirements of the Zoning
Ordinance,
e. String lighting shall be prohibited.
This shall be included as a condition of approval.
f. The area of open sales or rental lot used for storage and display of merchandise
shall not exceed 2 square feet for every 1 square foot of building on the site devoted to
the same or a similar use or accessory use.
The existing principal structure is 20,708 square feet, thus open storage is limited to 41,416
square feet in area. The site currently has approximately 86,000 square feet square feet of
paved and gravel storage area. Outdoor storage areas must be reduced to 41,416 square feet
as a condition of the permit.
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g. Test driving shall be prohibited on any street in an "R" Use District.
This shall be included as a condition of approval.
h. No outdoor public address system shall be permitted.
This shall be included as a condition of approval.
i. All customer and employee parking shall be clearly designated and signed.
The site plan denotes that the existing bituminous parking lot is for customer parking, but does
not distinguish employee parking. However, this shall be included as a condition of approval.
j. No motor vehicle transport loading or unloading shall be permitted on any minor
residential street.
This shall be included as a condition of approval.
k. No display or storage of motor vehicles shall be permitted on any public right-of-
way.
This shall be included as a condition of approval.
I. A bufferyard, as determined by subsection 1107.2003, shall be installed and
maintained along all property lines of an abutting "R" Use District.
The site plan does not indicate a bufferyard along the west and north property lines, which abut
property in the R-2 use district. A landscape plan will be required as a condition of approval so
that staff can determine if plantings are appropriate and compliant with relevant ordinance
provisions.
m. The storage lot shall be located a minimum of 100 feet from an "R" Use District
The existing open storage area is located approximately 30 feet from the west property line,
which abuts the R-2 use district. Existing bituminous surface shall be removed to comply with
this provision.
(3) Motor Vehicle Service, Repair. . Conditions:
a. No public address system shall be audible from any property located in an "R"
Use District.
This shall be included as a condition of approval.
b. All repair, assembly, disassembly and maintenance of vehicles shall be inside a
closed building except tire inflation, changing wipers or adding oil.
This shall be included as a condition of approval.
c. Test driving shall be prohibited on any street in an "R" Use District.
This shall be included as a condition of approval.
d. Access shall be to a roadway identified in the Comprehensive Plan as a collector
or arterial or shall be othelWise located so that access can be provided without
generating significant traffic on local residential streets.
The site's primary access is via Anna Trail, which is a local street. However, the driveway
access is located approximately 200 from the intersection of Anna Trail and TH 13, so traffic
generation on local residential streets should not significantly increase.
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e. The building housing the use shall be located a minimum of 100 feet from any lot
in an "R" Use District.
Residentially zoned property is located to the north and west. The existing principal structure is
located 123 feet from the west property line and 295 feet from the north property,
f. A bufferyard, as determined by subsection 1107.2003, shall be provided along
any abutting an "R" Use District.
The site plan does not indicate a bufferyard along the west and north property lines, which abut
property in the R-2 use district. A landscape plan will be required as a condition of approval so
that staff can determine if plantings are appropriate and compliant with relevant ordinance
provisions,
g. A car wash shall have parking space to permit the stacking of at least 30 cars or
the maximum number of vehicles which can be washed during a 30 minute period,
whichever is greater; plus an additional 10 off-street parking spaces for employees and
storage of employee owned and washed cars.
A car wash is not included with this application.
h. Hours of operation shall be limited to 6:00am to 10:00pm, unless the service
doors to the facility remain closed at all times. Drainage and surfacing plans for a car
wash shall be approved by the City Engineer. The plans shall describe the wash water
disposal and sludge removal facilities to be employed to accomplish dus~ salt and other
chemical and mud abatement on the premises and prevent the accumulation of surface
water, wash water or sludge on the site or in the vicinity of the premises.
The applicant has not noted the hours of operation. However, this shall be included as a
condition of approval. A car wash is not included with this application.
j. A car wash shall have all parking and paved areas meet the drainage, design and
landscaping provisions of subsection 1107.200.
A car wash is not included with this application.
k. No ingress or egress points for a car wash shall be closer than 150 feet from the
point of intersection of the required front and side yard lines adjoining intersecting
streets. The exit door from the car wash shall be at least 45 feet from the public right-of-
way. Drainage shall be away from the public street at the egress points to prevent
spillage onto the street. The grades of the interior floor shall be sloped away from the
exit door, and said floor shall be sloped to an accepted interior drainage system. No
water which is used in the operation of the car wash shall be allowed on any public right-
of-way.
A car wash is not included with this application.
I. Automatic car washes accessory to a motor fuel station or motor vehicle service
and repair facility shall provide stacking space for at least four cars. Cars located in
these stacking spaces should not block ingress and egress driveways on the site or
driveways providing access to gasoline pumps, service bays or required off-street
parking, except that vehicles in stacking spaces may block access to parking stalls
which are signed for employee parking only. All other provisions in subsections
1102.1203(3a) through 1102.1203(3j) above shall apply to automatic car washes, except
that no additional off-street parking spaces shall be required for an automatic car wash
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and ingress or egress to an automatic car wash may be permitted within 150 feet of the
point of intersection of the required front and side yard lines subject to the limitations of
subsection 1102.1203(3j).
A car wash is not included with this application,
CONDITIONAL USE PERMIT (CUP) ANAL YSIS:
Section 1108.200 of the City Code sets forth the general criteria utilized to review a CUP
application, Both applications will be reviewed concurrently in the following analysis.
(1) The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
An objective of the Comprehensive Plan is to "maintain high sfandards in fhe promotion and
development of commerce and indusfry." A policy supporting this objective is "encourage,
regulate, and promote non-polluting and aesthetically pleasing commercial and industrial
development." The proposed motor vehicle sales and repair will be 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.
The uses 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.
One purpose of the Zoning Ordinance is to "enhance the aesthetic characfer and
appearance of fhe City." Revised plans addressing exterior building materials and
landscaping conditions of approval will ensure that the development is consistent with the
purpose of the Zoning Ordinance.
The purpose of the C-4 use district is to "provide an area for commercial uses that due to
their size and characteristics are not appropriate to other business districts. These types of
uses are generally larger and more infense, and are characterized by a greater need for
parking, generation of large volumes of traffic, greater signage and lighting." Motor vehicles
sales and repair are appropriate for this district because of potential traffic generation and
overall intensity of the use.
(4) The use will not have undue adverse impacts on governmental facilities,
services, or improvements, which are either existing or proposed.
So long as all conditions of approval, including those included in the memorandums from
Building Officials dated July 11, 2003, and Assistant City Engineer dated July 22, 2003, 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.
The Zoning Ordinance places conditions on motor vehicle sales and motor vehicle repair that
intend to protect the use and enjoyment of properties in the "R" use districts, Attached
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conditions include precluding vehicle test driving on any street in the "R" use districts, an
outdoor public address system, and display or storage in the public right-of-way, Also, the
uses will be required to maintain a 100 foot setback from any "R" use district.
(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.
An architect prepared the site plan. However, a revised site plan and landscape plan will be
required to be prepared by civil engineer and landscape architect, respectfully.
(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.
A registered civil engineer must prepare drainage and utility plans addressing the comments
in the memorandums from the Building Official dated July 11, 2003, and the Assistant City
Engineer dated July 22, 2003,
(S) 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
110S.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 City Council may revise recommended conditions or attach additional conditions as
deemed appropriate to protect the general welfare, public safety, and neighborhood
character.
CONCLUSION:
The applicant is requesting a Conditional Use Permit to conduct motor vehicle sales for a
Polaris dealership and a Conditional Use Permit to conduct motor vehicle repair in
conjunction with the dealership. The CUPs allow only sales and repair, Any other uses are
not permitted. Any changes to the uses would require an amendment to the CUPs. A test
track is not permitted in conjunction with these applications. Staff has added this as a
condition of approval of both CUPs after the Planning Commission made its
recommendation.
Since this is a redevelopment of site previously used for lumber sales, there are numerous
issues associated with the site plan that must be resolved as a condition of the Conditional
Use Permits. These include architectural materials, accessory structure side yard setback,
gravel storage area, landscapinglbuffering, and fencing. Staff has recommended conditions
of approval to cure the nonconformities present on the site.
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."----~'_._----_._.'._------,~-_.."---~._.._-
Overall, staff believes the proposed use is consistent with the intent of the C-4 use district
provided conditions of approval are met. Furthermore, it is in harmony with the goals,
objectives, and policies of the Comprehensive Plan.
The Planning Commission recommended approval of the CUP for motor vehicle sales with
the following conditions:
1. A certificate of survey prepared and signed by a registered land surveyor shall be
submitted.
2. Exterior materials of all buildings on the site shall comply with Section 1107.220 of the
Zoning Ordinance.
3. If the existing gravel parking area on the northern portion of the site is to be utilized for
screened outdoor storage, it shall be surfaced with concrete or bituminous.
4. The detached accessory structure shall either be relocated to comply with the 20 foot
required side yard setback or removed from the site.
5, Landscaping shall be installed along Anna Trail and TH 13 to screen the parking lot as
required by Section 1107.204 of the Zoning Ordinance.
6. Existing gravel parking area along the west property line shall be removed.
7. The outdoor storage area shall be 100 feet from the west and north property lines.
Therefore, bituminous or gravel surface that does not meet this setback shall be
removed.
8. Landscaping shall be installed to comply with minimum requirements in Section
1107.1905 of the Zoning Ordinance.
9. Storm water ponding shall be provided if the impervious surface of the site is increased
or if more than 10,000 square feet of the site is disturbed.
10. A fire hydrant shall be installed north of the existing principal structure, Issues identified
by the Building Official in the memorandum dated July 11, 2003, shall be addressed in
the revised site plan and building permit application as required.
11. Civil plans shall be prepared by a registered civil engineer locating storm water ponding,
if required, and the extension of a water main for the new fire hydrant.
12. A lighting plan shall be submitted indicate location of fixtures and illumination levels,
13. Outdoor storage shall be placed on a bituminous surface and be limited to 41,416 square
feet in area.
14. No outdoor storage of vehicles or equipment shall be located outside of the designated,
fenced storage area.
15. No previously registered but currently unlicensed or non-operable vehicles shall be stored
on the premises.
16. All open sales or rental lots shall be operated in conjunction with a building or buildings
containing the same or similar materials as displayed on the open sales or rental lot.
17. String lighting shall be prohibited.
18, Test driving shall be prohibited on any street in an "R" use District.
1 9. All customer and employee parking shall be clearly designated and signed.
20. No outdoor public address system shall be permitted.
21. No motor vehicle transport loading or unloading shall be permitted on any minor residential
street.
22, No display or storage of motor vehicles shall be permitted on any public right-of-way.
23. All conditions listed in Section 1102.1203 (2) of the Zoning Ordinance shall be met.
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The Planning Commission recommended approval of the CUP for motor vehicle repair with
the following conditions:
1. No public address system shall be audible from any property located in an "R" Use District.
2. All repair, assembly, disassembly and maintenance of vehicles shall be inside a closed
building except tire inflation, changing wipers or adding oil.
3. Hours of operation shall be limited to 6:00am to 10:00pm, unless the service doors to the
facility remain closed at all times.
4. All conditions listed in Section 1102.1203 (3) of the Zoning Ordinance shall be met.
ALTERNATIVES: The City Council has three alternatives:
1. Adopt a resolution approving a Conditional Use Permit for motor vehicle sales and adopt
a resolution approving a Conditional Use Permit for motor vehicle repair.
2. Deny the resolutions.
3. Defer the item and provide staff with specific direction.
RECOMMENDATION
MOTIONS: Staff recommends alternative #1. This requires the following motions:
1 . A motion and second to adopt a resolution approving the Conditional Use Permit for
motor vehicle sales on property located at 16450 Anna Trail SE.
2. A motion and second to adopt a resolution approving the Conditional Use Permit for
motor vehicle repair on property located at 16450 Anna Trail SE,
ATTACHMENTS:
1. Resolution 03-XX (Motor vehicle sales)
2. Resolution 03-XX (Motor vehicle repair)
3. Location map
4. Aerial photo
5. Site plan
6. Information from applicant
7, Memorandum from the Building Official dated
July 11, 2003
8. Memorandum from the Assistant City Engineer
dated July 22, 2003
9. July 28, 2003, Planning Commission meeting minutes
~cH--
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CONDITIONAL USE PERMIT
RESOLUTION 03-XX
(MOTOR VEHICLE SALES)
APPROVING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE SALES
ON PROPERTY LOCATED AT 16450 ANNA TRAIL SE
MOTION BY: SECOND BY:
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on
July 28, 2003, to consider an application from Digger's Polaris for a
Conditional Use Permit (CUP) to allow motor vehicle sales on property
located at 16450 Anna Trail SE; and
WHEREAS, Notice of the public hearing on said CUP was duly published in
accordance with the applicable Prior Lake Ordinances; and
WHEREAS, 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
sales; and
WHEREAS, The Planning Commission recommended the City Council approve the
CUP with speCific conditions; and
WHEREAS, The City Council considered the CUP application for motor vehicle
sales at its regular meeting on August 18, 2003; and
WHEREAS, The City Council finds the CUP for motor vehicle sales in harmony
with both existing and proposed development in the area surrounding
the project; and
WHEREAS, 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.
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16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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.
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 "encourage, regulate, and promote non-polluting and aesthetically
pleasing commercial and industrial development." The proposed motor vehicle sales
and repair will be 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.
The uses 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.
One purpose of the Zoning Ordinance is to "enhance the aesthetic character and
appearance of the City." Revised plans addressing exterior building materials and
landscaping conditions of approval will ensure that the development is consistent
with the purpose of the Zoning Ordinance.
The purpose of the C-4 use district is to "provide an area for commercial uses that
due to their size and characteristics are not appropriate to other business districts.
These types of uses are generally larger and more intense, and are characterized by
a greater need for parking, generation of large volumes of traffic, greater signage
and lighting." Motor vehicles sales and repair are appropriate for this district
because of potential traffic generation and overall intensity of the use.
(4) The use will not have undue adverse impacts on governmental facilities,
services, or improvements, which are either existing or proposed.
So long as all conditions of approval, including those included in the memorandums
from Building Officials dated July 11, 2003, and Assistant City Engineer dated July
22, 2003, 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.
The Zoning Ordinance places conditions on motor vehicle sales and motor vehicle
repair that intend to protect the use and enjoyment of properties in the "R" use
districts. Attached conditions include precluding vehicle test driving on any street in
the "R" use districts, an outdoor public address system, and display or storage in the
public right-of-way. Also, the uses will be required to maintain a 100 foot setback
from any "R" use district.
(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.
L:\03 Files\03 CUP's\Diggers Polaris\cup res.DOC
Page 2
An architect prepared the site plan. However, a revised site plan and landscape
plan will be required to be prepared by civil engineer and landscape architect,
respectfully.
(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.
A registered civil engineer must prepare drainage and utility plans addressing the
comments in the memorandums from the Building Official dated July 11, 2003, and
the Assistant City Engineer dated July 22, 2003.
(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.
The City Council may revise recommended conditions or attach additional conditions
as deemed appropriate to protect the general welfare, public safety, and
neighborhood character.
3. Section 1102.1203 (2) lists the specific criteria for motor vehicle sales in the C-4
district. These criteria are discussed below:
a. No previously registered but currently unlicensed or non-operable vehicles
shall be stored on premises.
This shall be included as a condition of approval.
b. All open sales or rental lots shall be operated in conjunction with a building
or buildings containing the same or similar materials as displayed on the
open sales or rental lot.
This shall be included as a condition of approval.
c. The building and the sales or rental lot shall be on one contiguous site.
The building and open storage are located on two contiguous parcels of land.
d. All parking and paved areas shall meet all of the landscaping and design
requirements of subsection 1107.200.
Currently, a 3 foot tall fence delineates the parking lot. The open storage area is
proposed to be screened with a 6 foot tall wood fence. A landscape plan must be
prepared to indicate a minimum of 97 trees to comply with minimum requirements
of the Zoning Ordinance.
L:\03 Files\03 CUP's\Diggers Polaris\cup res DOC
Page 3
e. String lighting shall be prohibited.
This shall be included as a condition of approval.
f. The area of open sales or rental lot used for storage and display of
merchandise shall not exceed 2 square feet for every 1 square foot of
building on the site devoted to the same or a similar use or accessory use.
The existing principal structure is 20,708 square feet, thus open storage is limited
to 41,416 square feet in area. The site currently has approximately 86,000 square
feet square feet of paved and gravel storage area. Outdoor storage areas must be
reduced to 41,416 square feet as a condition of the permit.
g. Test driving shall be prohibited on any street in an "R" Use District.
This shall be included as a condition of approval.
h. No outdoor public address system shall be permitted.
This shall be included as a condition of approval.
i. All customer and employee parking shall be clearly designated and signed.
The site plan denotes that the existing bituminous parking lot is for customer
parking, but does not distinguish employee parking. However, this shall be
included as a condition of approval.
j. No motor vehicle transport loading or unloading shall be permitted on any
minor residential street.
This shall be included as a condition of approval.
k. No display or storage of motor vehicles shall be permitted on any public
right-of-way.
This shall be included as a condition of approval.
I. A bufferyard, as determined by subsection 1107.2003, shall be installed and
maintained along all property lines of an abutting "R" Use District.
The site plan does not indicate a bufferyard along the west and north property
lines, which abut property in the R-2 use district. A landscape plan shall be
required as a condition of approval so that staff can determine if plantings are
appropriate and compliant with relevant ordinance provisions.
m. The storage lot shall be located a minimum of 100 feet from an "R" Use
District.
The existing open storage area is located approximately 30 feet from the west
property line, which abuts the R-2 use district. Existing bituminous surface shall be
removed to comply with this provision.
4. The Conditional Use Permit is hereby approved on the property legally described as
follows:
A tract of land in the NW V. of SE V. of Section 2, Township 114 North, Range 22
West, Scott County, Minnesota described as follows: Beginning at a point on the
North line of said NW V. of SE V. distant 494.8 feet East of the northwest corner
thereof; thence continuing East along said north line a distance of 205.2 feet;
L:\03 Files\03 CUP's\Diggers Polaris\cup res. DOC
Page 4
thence South and parallel to the West line of said NW 14 SE 14 a distance of
400.0 feet; thence West and parallel to said North line a distance of 50.0 feet;
thence South and parallel to said West line a distance of 267.2 feet to the
centerline of a township road; thence westerly along said road distance of 155.25
feet; thence North and parallel to said West line a distance of 522.7 feet; thence
West and parallel to said North line a distance of 110.55 feet; thence North and
parallel to said West line a distance of 74.9 feet; thence East and parallel to said
North line a distance of 110.55 feet; thence North and parallel to said West line a
distance of 75.1 feet to the point of beginning, with right of access over the
existing road to Old State Highway Number 13.
AND
A tract of land in the NW 14 of the SE 14 of Section 2, Township 114 North,
Range 22 West, Scott County, Minnesota described as follows: Beginning at a
point on the North line of said NW 14 of the SE 14 distant 700 feet East of the
northwest corner thereof; thence South and parallel to the West line of said NW
14 of the SE 14 distance of 400 feet; thence West and parallel to said North line a
distance of 50 feet; thence South and parallel to said West line a distance of
267.2 feet to the centerline of a township road; thence easterly along said road
a distance of approximately 670 feet to the East line of said NW 14 of the SE 14;
thence North on said East line to the northeast corner of said NW 14 of SE 14;
thence West along said North line approximately 620 feet to the point of
beginning, except that part taken for Highway 13, and also subject to easements
of record, except that portion thereof lying southeasterly of the southeasterly
right-of-way of State Trunk Highway 13.
5. The Conditional Use Permit is hereby approved subject to the following conditions:
a} A certificate of survey prepared and signed by a registered land surveyor shall
be submitted.
b) Exterior materials of all buildings on the site shall comply with Section 1107.220
of the Zoning Ordinance.
c) If the existing gravel parking area on the northern portion of the site is to be
utilized for screened outdoor storage, it shall be surfaced with concrete or
bituminous.
d) The detached accessory structure shall either be relocated to comply with the 20
foot required side yard setback or removed from the site.
e) Landscaping shall be installed along Anna Trail and TH 13 to screen the parking
lot as required by Section 1107.204 of the Zoning Ordinance.
f) Existing gravel parking area along the west property line shall be removed,
g) The outdoor storage area shall be 100 feet from the west and north property
lines. Therefore, bituminous or gravel surface that does not meet this setback
shall be removed.
h) Landscaping shall be installed to comply with minimum requirements in Section
1107.1905 of the Zoning Ordinance.
i) Storm water ponding shall be provided if the impervious surface of the site is
increased or if more than 10,000 square feet of the site is disturbed.
j} A fire hydrant shall be installed north of the existing principal structure. Issues
identified by the Building Official in the memorandum dated July 11, 2003, shall
be addressed in the revised site plan and building permit application as required.
L:I03 Filesl03 CUP'slDiggers Poiaris\cup res. DOC
Page 5
k) Civil plans shall be prepared by a registered civil engineer locating storm water
ponding, if required, and the extension of a water main for the new fire hydrant.
I} A lighting plan shall be submitted indicated location of fixtures and illumination
levels,
m) Outdoor storage shall be placed on a bituminous surface and shall be limited to
41,416 square feet in area.
n} No outdoor storage of vehicles or equipment shall be located outside of the
designated, fenced storage area.
o} No previously registered but currently unlicensed or non-operable vehicles shall be
stored on the premises.
p) All open sales or rental lots shall be operated in conjunction with a building or
buildings containing the same or similar materials as displayed on the open sales
or rental lot.
q) String lighting shall be prohibited.
r} Test driving shall be prohibited on any street in an "R" use District.
s} All customer and employee parking shall be clearly designated and signed.
t} No outdoor public address system shall be permitted.
u) No motor vehicle transport loading or unloading shall be permitted on any minor
residential street.
v} No display or storage of motor vehicles shall be permitted on any publiC right-of-
way.
w} A test track shall be prohibited in conjunction with motor vehicle sales.
x} All conditions listed in Section 1102.1203 (2) 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 motor vehicle sales. The contents of Planning Case Files #03-80 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 18th day of August, 2003.
YES NO
BlomberQ Blomberg
Haugen Haugen
LeMair LeMair
Petersen Petersen
Zieska Zieska
{Seal} City Manager,
City of Prior Lake
L:I03 Filesl03 CUP'slDiggers Polaris\cup res.DOC Page 6
CONDITIONAL USE PERMIT
RESOLUTION 03-XX
(MOTOR VEHICLE REPAIR)
APPROVING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE REPAIR
ON PROPERTY LOCATED AT 16450 ANNA TRAIL SE
MOTION BY: SECOND BY:
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on
July 28, 2003, to consider an application from Digger's Polaris for a
Conditional Use Permit (CUP) to allow motor vehicle repair on
property located at 16450 Anna Trail SE; and
WHEREAS, Notice of the public hearing on said CUP was duly published in
accordance with the applicable Prior Lake Ordinances; and
WHEREAS, 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
WHEREAS, The Planning Commission recommended the City Council approve the
CUP with specific conditions; and
WHEREAS, The City Council considered the CUP application for motor vehicle
repair at its regular meeting on August 18, 2003; and
WHEREAS, The City Council finds the CUP for motor vehicle repair in harmony
with both existing and proposed development in the area surrounding
the project; and
WHEREAS, 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.
L:I03 Filesl03 CUP'slDiggers Polaris\cup res repair.DOC Page 1
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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.
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 "encourage, regulate, and promote non-polluting and aesthetically
pleasing commercial and industrial development." The proposed motor vehicle sales
and repair will be 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.
The uses 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.
One purpose of the Zoning Ordinance is to "enhance the aesthetic character and
appearance of the City." Revised plans addressing exterior building materials and
landscaping conditions of approval will ensure that the development is consistent
with the purpose of the Zoning Ordinance.
The purpose of the C-4 use district is to "provide an area for commercial uses that
due to their size and characteristics are not appropriate to other business districts.
These types of uses are generally larger and more intense, and are characterized by
a greater need for parking, generation of large volumes of traffic, greater signage
and lighting." Motor vehicles sales and repair are appropriate for this district
because of potential traffic generation and overall intensity of the use.
(4) The use will not have undue adverse impacts on governmental facilities,
services, or improvements, which are either existing or proposed.
So long as all conditions of approval, including those included in the memorandums
from Building Officials dated July 11, 2003, and Assistant City Engineer dated July
22, 2003, 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.
The Zoning Ordinance places conditions on motor vehicle sales and motor vehicle
repair that intend to protect the use and enjoyment of properties in the "R" use
districts. Attached conditions include precluding vehicle test driving on any street in
the "R" use districts, an outdoor public address system, and display or storage in the
pUblic right-of-way. Also, the uses will be required to maintain a 100 foot setback
from any "R" use district.
(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.
L:\03 Fiies\03 CUP's\Diggers Polaris\cup res repair.DOC
Page 2
An architect prepared the site plan. However, a revised site plan and landscape
plan will be required to be prepared by civil engineer and landscape architect,
respectfully.
(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.
A registered civil engineer must prepare drainage and utility plans addressing the
comments in the memorandums from the Building Official dated July 11, 2003, and
the Assistant City Engineer dated July 22, 20D3.
(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.
The City Council may revise recommended conditions or attach additional conditions
as deemed appropriate to protect the general welfare, public safety, and
neighborhood character.
3. Section 1102.12D3 (2) lists the specific criteria for motor vehicle repair in the C-4
district. These criteria are discussed below:
a. No public address system shall be audible from any property located in an
"R" Use District.
This shall be included as a condition of approval.
b. All repair, assembly, disassembly and maintenance of vehicles shall be
inside a closed building except tire inflation, changing wipers or adding oil.
This shall be included as a condition of approval.
c. Test driving shall be prohibited on any street in an "R" Use District.
This shall be included as a condition of approval.
d. Access shall be to a roadway identified in the Comprehensive Plan as a
collector or arterial or shall be otherwise located so that access can be
provided without generating significant traffic on local residential streets.
The site's primary access is via Anna Trail, which is a local street. However, the
driveway access is located approximately 200 from the intersection of Anna Trail
and TH 13, so traffic generation of local residential streets should not significantly
increase.
L:\03 Files\03 CUP's\Diggers Polans\cup res repair.DOC
Page 3
e. The building housing the use shall be located a minimum of 10D feet from
any lot in an "R" Use District.
Residentially zoned property is located to the north and west. The existing
principal structure is located 123 feet from the west property line and 295 feet from
the north property.
f. A bufferyard, as determined by subsection 1107.2003, shall be provided
along any abutting an "R" Use District.
The site plan does not indicate a bufferyard along the west and north property
lines, which abut property in the R-2 use district. A landscape plan will be required
as a condition of approval so that staff can determine if plantings are appropriate
and compliant with relevant ordinance provisions.
g. A car wash shall have parking space to permit the stacking of at least 30
cars or the maximum number of vehicles which can be washed during a 30
minute period, whichever is greater; plus an additional 10 off-street parking
spaces for employees and storage of employee owned and washed cars.
A car wash is not included with this application.
h. Hours of operation shall be limited to 6:00am to 10:00pm, unless the service
doors to the facility remain closed at all times. Drainage and surfacing plans
for a car wash shall be approved by the City Engineer. The plans shall
describe the wash water disposal and sludge removal facilities to be
employed to accomplish dust, salt and other chemical and mud abatement
on the premises and prevent the accumulation of surface water, wash water
or sludge on the site or in the vicinity of the premises.
The applicant has not noted the hours of operation. However, this shall be
included as a condition of approval. A car wash is not included with this
application.
j. A car wash shall have all parking and paved areas meet the drainage, design
and landscaping provisions of subsection 1107.200.
A car wash is not included with this application.
k. No ingress or egress points for a car wash shall be closer than 150 feet from
the point of intersection of the required front and side yard lines adjoining
intersecting streets. The exit door from the car wash shall be at least 45 feet
from the public right-of-way. Drainage shall be away from the public street
at the egress points to prevent spillage onto the street. The grades of the
interior floor shall be sloped away from the exit door, and said floor shall be
sloped to an accepted interior drainage system. No water which is used in
the operation of the car wash shall be allowed on any public right-of-way.
A car wash is not included with this application.
I. Automatic car washes accessory to a motor fuel station or motor vehicle
service and repair facility shall provide stacking space for at least four cars.
Cars located in these stacking spaces should not block ingress and egress
driveways on the site or driveways providing access to gasoline pumps,
service bays or required off-street parking, except that vehicles in stacking
L:\03 Files\03 CUP's\Diggers Polaris\cup res repair.DOC
Page 4
spaces may block access to parking stalls which are signed for employee
parking only. All other provisions in subsections 1102.1203(3a) through
1102.1203(3j) above shall apply to automatic car washes, except that no
additional off-street parking spaces shall be required for an automatic car
wash and ingress or egress to an automatic car wash may be permitted
within 150 feet of the point of intersection of the required front and side yard
lines subject to the limitations of subsection 1102.1203(3j).
A car wash is not included with this application.
4. The Conditional Use Permit is hereby approved on the property legally described as
follows:
A tract of land in the NW Y. of SE Y. of Section 2, Township 114 North, Range 22
West, Scott County, Minnesota described as follows: Beginning at a point on the
North line of said NW Y. of SE Y. distant 494.8 feet East of the northwest corner
thereof; thence continuing East along said north line a distance of 205.2 feet;
thence South and parallel to the West line of said NW Y. SE Y. a distance of
400.0 feet; thence West and parallel to said North line a distance of 50.0 feet;
thence South and parallel to said West line a distance of 267.2 feet to the
centerline of a township road; thence westerly along said road distance of 155.25
feet; thence North and parallel to said West line a distance of 522.7 feet; thence
West and parallel to said North line a distance of 11 D.55 feet; thence North and
parallel to said West line a distance of 74.9 feet; thence East and parallel to said
North line a distance of 110.55 feet; thence North and parallel to said West line a
distance of 75.1 feet to the point of beginning, with right of access over the
existing road to Old State Highway Number 13.
AND
A tract of land in the NW Y. of the SE Y. of Section 2, Township 114 North,
Range 22 West, Scott County, Minnesota described as follows: Beginning at a
point on the North line of said NW Y. of the SE Y. distant 70D feet East of the
northwest corner thereof; thence South and parallel to the West line of said NW
y. of the SE Y. distance of 400 feet; thence West and parallel to said North line a
distance of 50 feet; thence South and parallel to said West line a distance of
267.2 feet to the centerline of a township road; thence easterly along said road
a distance of approximately 670 feet to the East line of said NW Y. of the SE y.;
thence North on said East line to the northeast comer of said NW Y. of SE y.;
thence West along said North line approximately 620 feet to the point of
beginning, except that part taken for Highway 13, and also subject to easements
of record, except that portion thereof lying southeasterly of the southeasterly
right-of-way of State Trunk Highway 13.
5. The Conditional Use Permit is hereby approved subject to the following conditions:
a. No public address system shall be audible from any property located in an "R" Use
District.
b. All repair, assembly, disassembly and maintenance of vehicles shall be inside a closed
building except tire inflation, changing wipers or adding oil.
L:\03 Files\03 CUP's\Diggers Polaris\cup res repair.DOC
Page 5
c. Hours of operation shall be limited to 6:00am to 10:00pm, unless the service doors to
the facility remain closed at all times.
d. A test track shall be prohibited in conjunction with motor vehicle repair.
e. All conditions listed in Section 1102.1203 (3) 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 motor vehicle repair. The contents of Planning Case Files #03-80 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 18'h day of August. 2003.
YES NO
Blomberg Blomberg
Haugen Hallcen
LeMair LeMair
Petersen Petersen
Zieska Zieska
{Seal} City Manager,
City of Prior Lake
L:I03 Filesl03 CUP'slDiggers Polaris\cup res repair.DOC Page 6
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'JUL
July 7'h, 2003
Jane Kansier, AICP
Planning Coordinator
City of Prior Lake
16200 Eagle Creek Ave. S. E.
Prior Lake, MN 55372
Re: Conditional Use Permit Application
Digger's Polaris Dealership
16760 Toronto Avenue
Prior Lake, Minnesota
PAl Project 23332-03086
Dear Jane,
On behalf of Digger's Polaris, Pope Associates is submitting for your review, a
Conditional Use Permit Application for a Proposed Polaris Dealership to be relocated to
the existing building previously occupied by C.H. Carpenter Lumber Co. Digger's Polaris
has completed a lease agreement with the building owner - JMS Homes. Frauenshuh
Companies is representing the owner. Contact information for these parties is attached.
The building is located on an approximately 8.13 acre site, at the intersection of Highway
13 and Anna Trail Southeast. The site is currently located within a "C-4" General
Business District and as per City of Prior Lake Zoning Regulations, the proposed uses -
Motor Vehicle Sales and Motor Vehicle Service, are permitted by Conditional Use Permit.
Project Description
The existing building consists of a 20,708 square foot single-story retail/warehouse
building. Digger' Polaris proposes to relocate their existing dealership into this facility -
completing minor remodeling of the existing building and site upgrades to accommodate
their business requirements and satisfy City of Prior Lake regulations. Site work will be
limited to parking area striping, sign age modifications, fence construction and landscape
improvements. Modifications to the existing site drainage and utilities will not be included.
Digger's Polaris is planning to be open for business in its new location by early fali 2003.
Submission
Included herewith as part of this submission are copies of the foliowing required
documents:
Application and Project Narrative
Authorization Letter - Property Owner
POPE
ASSOCIATES
Architects
Interior Designers
1255 Energy Park Drive
St, Paul, MN 55108-5118
Phone: (651) 642-9200
Fax: (651) 642-1101
www.popearch.com
Submission (cont'd)
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. (Provided under separate cover by
Digger's Polaris)
Filing Fee - $350.00
Ten (10) sets of large scale drawings (30" x 42") and (1) set of reductions (11" x 17")-
issued with submittal date of 7/7103. Drawings Include:
A1 TITLE SHEET, SITE PLAN
EXISTING CONDITIONS SURVEY
A2 FLOOR PLAN
We look forward to this permit application being presented at the 7128/03 Planning
Commission Meeting, and the 8/18/03 City Council Meeting. Upon approval, it is
expected that building permit documents will be submitted for review on or about 8/19/03.
Jane, please feel free to call me at 651-642-9200 or via e-mail sdouahMCilpopearch.com
with any questions regarding this submittal.
Sincereiy,
POPE ASSOCIATES, INC.
Steven R. Doughty
~1It
cc:
Robert Hutchins
Doug Nagle
Jill Duemeland
PAl File
City of Prior Lake
Digger's Polaris
Frauenshuh Co.
G:\23332\OJ086\CORR\citylettertl7070J.00c
Contact Information:
Owner:
JMS Homes
80 W. 78th Street
Chanhassen, MN 55317
952-949-3630 P
952-949-3730 f
Owner's Aaent:
Frauenshuh Companies
7101 West78- Street Suite 100
Bloomington, MN 55439
952-829-3480 P
952-829-3481 f
Tenant
Digger's Polaris
16760 Toronto Avenue
Prior Lake, MN 55372
952-440-8845 P
952-440-8953 f
03:18:2016 07:00 FAX
14l no:;
PDLARIS@
The Way Out.
To Whom It 1>fay Concern:
From: Charles Schram, Polaris DSM
Date: July 23, 2003
Doug Nagle from Digger's Polaris is working on renovating the Lumber Yard in Prior
Lake. Polaris is helping Doug ",.ith the plans of his location. Wh€11 done, Doug and
Polaris want his Polaris store to be a world class operation. This building will enhance the
business image that the City of Prior Lake strives for. A5 with Prior Lake's commitment
to the enhancement of its community, Polaris is dedicated to helping their Polaris Dealers
enhance their visibility and public brand awareness.
c,tUJJi!4 J/v1CW.
.
Memorandum
DATE:
July II, 2003
Cynthia Kirchoff, Planner m \ \)('
Robert D. Hutchins, Building Official \~I ~
Site plan review for Diggers
TO:
FROM:
RE:
Following are the results of the preliminary Site plan review for the Diggers building.
Our review was based on the Minnesota State Building Code (MSBC) which adopted
with amendments the 2000 International Building Code (IBC) with handicap regulations
of the Minnesota Accessibility Code Chapter 1341. Also requirements of the 1998
Minnesota State Fire Code (MSFC) which adopted with amendments the 1997 Uniform
Fire Code (UFC).
Site Comments:
1. Complete a Building Code analysis. UBC Chapter 5. Include the following:
a. Location on Property.
b. Allowable Floor Area.
c. Height and Number of stories.
d. Exiting. (provide at building permit submittal)
e. Plumbing fixture count (provide at building permit submittal)
2. Submit a survey of the lot(s): Provide building setback dimensions from property lines
and from adjacent buildings.
3. Sht. ALl: Provide fire lanes for fire apparatus response. Signage to read:" No Parking
Fire Lane by order of Fire Department". Locate by new site Fire Hydrant and front
access curbs. UFC 1001.7.1.
The following are building plan comments:
4. Submit a building permit application.
5. Submit two set of building plans drawn to scale. Indicate the type of occupancy or
activity in each area of the building.
6. Submit Energy Envelope Calculations for the new repair garage area, MN Energy
Code 7670.0100
J:\BUILDINGILETRMEMOIDRCIDRCdiggers.DOC
7. If a sales counter is provided, a HDCP accessible horizontal counter space of 36" and a
maximum height of 36" above the finished floor are required. MSBC 1341.0720
Subpart 1.
8. If structural alterations are made, the alteration must be designed by a Structural
Engineer registered in the State of Minnesota. Minnesota Statutes 1800.5200.
9. Submit the Structural Engineers requirements for Special Inspections UBC 1701.5.
10. Siamese connection and enunciator panels to be located by front entrance.
II. Provide fire extinguishers minimum 2AlOBC rated, within 75 feet travel distance of
all areas. UFC 1002.
12. Ventilation for the building must meet UBC chapter 12. Provide 15 CFM of
ventilation per occupant in the Reception area and 3/4 CFM per square foot of floor
area of ventilation air in the Repair Garage.
13. Submit signed architectural and structural plans before building permit. Submit
signed HV AC, plumbing, fire/smoke alarm, emergency lighting/exit signs and
sprinkler plans. May be submitted at a later date.
14. An S.A.C. determination must be completed by the Metropolitan Waste Control
Commission. Contact Jody Edwards at 651.602.1113.
15. Repair Garages shall have a separator installed into which all oil, grease, and sand
bearing and/or flammable wastes shall be discharged before emptying into the building
drainage system. Minnesota State Plumbing Code 4715.1300 Subpart 6 and
4715.1120.
This is a preliminary review only on conceptual plans. Other code items will be addressed
when the preliminary plans are submitted. The building plans must be reviewed by the
Cities Developmental Review Committee (DRC) which consists of representatives of
Planning, Engineering, Parks, Finance, and Building Departments. The DRC must
approve the site plans before a building permit can be issued.
2
DATE: July 22,2003
TO: Cynthia Kirchoff, Planner
FROM: Larry Poppler, Assistant City Engineer
cc: Sue McDermott, City Engineer
RE: Diggers Polaris
The Engineering Department has reviewed the conditional use permit for the subject
project and we have the following comments:
General
1. Provide Civil drawings if the watermain is to be extended to the south.
2. Provide ponding for the site.
C:\WINDOWS\Temporary Internet Files\OLK61Fl\diggers polaris CUP review 072203.DOC
Planning Commission Meeting
July 28, 2003
Stamson explained the appeal process.
D. #03-80 Digger's Polaris is requesting a conditional use permit to conduct
motor vehicle sales and service on property zoned C-4 for the property located at
16450 Anna Trail SE.
Planner Cynthia Kirchoff presented the Planning Report dated July 28, 2003, on file in
the office of the City Planning Department.
Doug Nagle, of Digger's Polaris, is requesting Conditional Use Permits (CUPs) to
conduct (I) motor vehicle sales and (2) motor vehicle service and repair on property
located at 16450 Anna Trail SE for a Polaris dealership. The property is zoned C-4
(General Business) and is guided C-CC (Community Retail Shopping) on the
Comprehensive Land Use Plan Map. Motor vehicle sales and motor vehicle repair are
separate conditional uses in the C-4 zoning district.
Since this is a redevelopment of site previously used for lumber sales, there are numerous
issues associated with the site plan that must be resolved a condition ofthe Conditional
Use Permit. These include architectural materials, accessory structure side yard setback,
gravel storage area, landscaping/buffering, and fencing. Staff has recommended
conditions of approval to cure the nonconformities present on the site.
The staff recommended with the following conditions for the motor vehicle sales:
I. A certificate of survey prepared and signed by a registered land surveyor shall be
submitted.
2. Exterior materials of all buildings on the site shall comply with Section 1107.220
ofthe Zoning Ordinance.
3. Ifthe existing gravel parking area on the northern portion of the site is to be
utilized for screened outdoor storage, it shall be surfaced with concrete or
bituminous.
4. The detached accessory structure shall either be relocated to comply with the 20
foot required side yard setback or removed from the site,
5. Landscaping shall be installed along Anna Trail and TH 13 to screen the parking
lot as required by Section 1107.204 of the Zoning Ordinance.
6, Existing gravel parking area along the west property line shall be removed.
7. The outdoor storage area shall be 100 feet from the west and north property lines.
Therefore, bituminous or gravel surface that does not meet this setback shall be
removed.
8, Landscaping shall be installed to comply with minimum requirements in Section
1107.1905 of the Zoning Ordinance.
9. Storm water ponding shall be provided on the site if the impervious surface of the
site is increased or if more than 10,000 square feet of the site is disturbed.
10. A fire hydrant shall be installed north of the existing principal structure. Issues
identified by the Building Official in the memorandum dated July 11, 2003, shall
be addressed in the revised site plan and building permit application as required.
L:\03 Files\03 Planning CommW3pcMinutes\MN072803.doc 9
7/28/03 PLANNING COMMISSION MEETING MINUTES
II. Civil plans shall be prepared by a registered civil engineer locating storm water
ponding and the extension of a water main for the new fire hydrant.
12. Outdoor storage shall be placed on a bituminous surface and shall be limited to
41 ,416 square feet in area.
13. No outdoor storage of vehicles or equipment shall be located outside of the
designated, fenced storage area.
14. No previously registered but currently unlicensed or non-operable vehicles shall
be stored on premises.
15. All open sales or rental lots shall be operated in conjunction with a building or
buildings containing the same or similar materials as displayed on the open sales
or rental lot.
16. String lighting shall be prohibited.
17. Test driving shall be prohibited on any street in an "R" use District.
18. All customer and employee parking shall be clearly designated and signed.
19. No outdoor public address system shall be permitted.
20. No motor vehicle transport loading or unloading shall be permitted on any minor
residential street.
21. No display or storage of motor vehicles shall be permitted on any public right-of-
way.
22. All conditions listed in Section 1102.1203 (2) of the Zoning Ordinance shall be
met.
The staff recommends approval for the motor vehicle repair with the following
conditions:
1. No public address system shall be audible from any property located in an "R"
Use District.
2, All repair, assembly, disassembly and maintenance of vehicles shall be inside a
closed building except tire inflation, changing wipers or adding oil.
3. Hours of operation shall be limited to 6:00am to 10:OOpm, unless the service
doors to the facility remain closed at all times.
4. All conditions listed in Section 1102.1203 (3) of the Zoning Ordinance shall be
met.
Add a 23 condition to submit a lighting plan.
Questions from the Commissioners:
Stamson questioned the exterior building materials complying with the zoning ordinance.
Kirchoff said the applicant would have to comply with the Class I building materials.
Criego - The two pieces of property, the north is wooded, what happens to the wooded
area if approved? Could they add their sales area into it? Kirchoff said the CUP would
be attached to the site plan. The City does have a tree preservation ordinance and any
removal of trees on the site would have to be reviewed. If the applicant adds impervious
surface a ponding issue could be triggered. The issue is noted in the staff report.
L:\03 Files\03 Planning Comm\03pcMinutes\MN072803.doc
Rye said it would also trigger an amendment to the Conditional Use Permit.
Stamson - What if the applicant wants to add trails in the wooded area? Kirchoff said the
CUP would have to be amended as that type of use was not part of the site plan.
Comments from the public:
Steve Dody, Pope Associates Architectural Services representing Digger's Polaris, said
the exterior materials will be stucco. Condition #3 regarding paving - Diggers has no
plans to change the site. Condition #4 regarding detached accessory structure - there is a
discrepancy in two surveys showing on one that the structure's overhang is on the
adjoining lot. The recent survey does not indicate any encroachment. They will submit
the landscape plan and agree to the hydrant as well as the lighting plan requirements.
Lemke - If the survey shows the accessory structure overhanging the property, will the
structure be removed? Dody responded they would remove it.
There were no comments and the public hearing closed at 7:55 p.m.
Comments from the Commissioners:
Criego:
. Agreed with staff and the conditions.
Lemke:
. Concurred. This will be a welcome addition.
. Support staffs recommendations.
Ringstad:
· With the proposed conditions the aesthetic conditions will be improved.
. Agreed with Commissioners to support with the conditions.
Stamson:
. Agreed with Commissioners and staff.
. Support.
MOTION BY RINGSTAD, SECOND BY LEMKE, TO RECOMMEND APPROVAL
OF A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES ON
PROPERTY LOCATED AT 16450 ANNA TRAIL SE WITH THE 23 CONDITIONS.
Vote taken indicated ayes by all. MOTION CARRIED.
MOTION BY RINGSTAD, SECOND BY LEMKE, TO RECOMMEND APPROVAL
OF A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE REPAIR ON
PROPERTY LOCATED AT 16450 ANNA TRAIL SE WITH THE 4 CONDITIONS.
L\03 Files\03 Planning Comm\03pcMinutes\MN072803.doc
Vote taken indicated ayes by all. MOTION CARRIED.
This matter will go before the City Council on August 18, 2003,
Recess was called at 7:55 p.m. The meeting reconvened at 8:05 p.m.
E. #03-79 Tollefson Development submitted a request to include approximately 36
acres of property on the City of Prior Lake 2020 Comprehensive Plan Land Use
Map and to designate the property for R-L/MD (Low to Medium Density
Residential) to R-HD (High Density Residential) uses located directly east of CSAH
17 (Marschall Road) north of 165th Street and the Autumn Acres development in the
South Y, of the NE Yo of Section 5, T 114, R 22, Scott County. (Margie Schiltz
Revocable Trust/Jeff and Alissa Schneider properties)
Director of Community Development Don Rye presented the Planning Report dated July
28,2003, on file in the office of the City Planning Department.
The subject property was annexed by the City on June 16,2003 and currently does not
have a Comprehensive Plan designation. The applicant has requested the property be
designated R-L/MD, Low to Medium Density residential. This site consists of a total of
38 acres of unplatted land. There are two separate parcels of/and involved and one of the
parcels is occupied by a homestead. The total site consists of 37.9 acres.
The City of Prior Lake 2020 Vision and Strategic Plan includes a vision element entitled
Housing Quality and Diversity. The primary policy under this element is to "Adopt a
policy to provide housing for persons of all ages." Designation of the property for Low
to Medium Density Residential (R-L/MD) would seem to be the appropriate designation
for this property, given the nature of existing and proposed developments in contact with,
or in close proximity to, the subject property. Access and visibility issues would preclude
designations of commercial use and industrial uses here would likely result in land use
conflicts with adjacent properties. Therefore, staff recommended approval of the request.
Stamson questioned the annexation agreement and assumes there will be a lot of
Comprehensive Plan Amendments. Rye said under the schedule to be adopted the first
properties will come in next year. There will have to be a review and refine the areas.
Comments from the public:
Todd Bodem representing applicant Tollefson Development presented a concept plan on
the property. They are working with other property owners. The project will be 79
single family homes and park. It would be tied in with the Stemmer property project.
Details still have to be worked out.
Paul Hofstien, 1896 165th Street East, Shakopee, (Autumn Acres development), has no
qualms with the proposed designation, but is concerned the development has access to
L:\03 Files\03 Planning Comm\03pcMinutes\MN072803.doc