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HomeMy WebLinkAbout03-143 CONDITIONAL USE PERMIT RESOLUTION 03-143 (MOTOR VEHICLE REPAIR) APPROVING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE REPAIR ON PROPERTY LOCATED AT 16450 ANNA TRAIL SE MOTION BY: BLOMBERG SECOND BY: LEMAIR 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. 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 R:~RESOLUTI\PLAN RES~2003\03-143.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 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. 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 R:\RESOLUTI\PLAN RES~2003\03-143.DOC Page 2 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 condition~ 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 repair in the C-4 district. These criteria are discussed below: a. No public address system shaft be audible from any property located in an ~" 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 street~ The site's primary access is via Anna Trail, which is a local street. However, the driveway access is located approximately 200 from the htersection of Anna Trail and TH 13, so traffic generation of local residential streets should not significantly increase. 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 a~e 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 car~ A car wash is not included with this application. h. Hours of operation shall be limited to 6:00am to lO:OOpm, 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 R:\RESOLUTI\PLAN RES~2003\03-143,DOC Page 3 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 righ~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 shaft 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 righ~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 o~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 offstreet 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 ¼ of SE ¼ 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 ¼ of SE ¼ 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 ¼ SE ¼ 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 ¼ of the SE ¼ 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 ¼ of the SE ¼ distant 700 feet East of the northwest corner thereof; thence South and parallel to the West line of said NW ¼ of the SE ¼ 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 ¼ of the SE ¼; thence North on said East line to the northeast corner of said NW ¼ of SE ¼; 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 R:\RESOLUTI\PLAN RES~2003\03-143.DOC Page 4 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 properly 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 addng oil. 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 madea 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 Blomberg X Blomberg Haugen X Haugen LeMair X LeMair Petersen Absent Petersen Absent Zieska X Zieska City of Prior Lake R:/RESOLUTI\PLANRES~003\03-143.DOC Page 5