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HomeMy WebLinkAbout03-142 CONDITIONAL USE PERMIT RESOLUTION 03-142 (MOTOR VEHICLE SALES) APPROVING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE SALES ON PROPERTY LOCATED AT 16450 ANNA TRAIL SE MOTION BY: LEMAIR SECOND BY: ZIESKA 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. 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\PLANRES~2003\03-142.DOC Pa e 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\03-142.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 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 shaft be stored on premises. This shall be included as a condition of approval. b. Aft open sales or rental lots shaft be operated in conjunction with a building or buildings containing the same or similar materials as displayed on the open sales or rental Itt. This shall be included as a condition of approval. c. The building and the sales or rental lot shaft be on one contiguous site. The building and open storage are located on two contiguous pamels of land. d. Ail parking and paved areas shaft meet al 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 indicatea 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 shaft not exceed 2 square feet for every I 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 permitterl This shall be included as a condition of approval. i. Ail customer and employee parking shaft 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 permtted on any minor residential street. This shall be included as a condition of approval. R:\RESOLUTI\PLAN RES~2003\03-142.DOC Page 3 k. No display or storage of motor vehicles shall be permitted on any public rightof, 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 lOO 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 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 centedine 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 1./, 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 Northon 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 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. R:\RESOLUTI\PLANRES~2003\03-142.DOC Page 4 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. 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 Blomberg X Blomberg Haugen X Haugen LeMair X LeMair Petersen Absent Petersen Absent Zieska X Zieska {Seal} City Manag, City of Prior Lake R:\RESOLUTI\PLANRES~003\03-142.DOC Page 5