HomeMy WebLinkAbout10B Amend 1102.1103(3) re Motor Vehicle Sales in C-2 O � PRIp�
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V � 4646 Dakota Street SE
Prior Lake, MN 55372
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CITY COUNCIL AGENDA REPORT
MEETING DATE: July 8, 2013
AGENDA #: 10B
PREPARED BY: Casey McCabe, Community Development Specialist
PRESENTED BY: Dan Rogness, Community 8� Economic Development Director
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 1102.1103(3) OF
THE PRIOR LAKE ZONING ORDINANCE RELATING TO USES PERMITTED BY
CONDITIONAL USE PERMIT (MOTOR VEHICLE SALES) IN THE C-2 GENERAL
BUSINESS USE DISTRICT.
DISCUSSION: Introduction
The purpose of this agenda item is to consider approval of an ordinance amending Section
11 of the Prior Lake City Code by amending Subsection 1102.1103 of the Prior Lake Zoning
Ordinance relating to uses permitted by conditional use permit (Subd. 3, Motor Vehicle
Sales).
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City staff has had recent discussions with representatives of a local automobile sales
dealership interested in expanding their existing motor vehicle sales and tlisplay area onto
an adjacent parcel. The property is located in the C-2, General Business Use District which
lists Motor Vehicle Sales as a use permitted by conditional use permit (CUP). Motor Vehicle
Sales is not listed as permitted, permitted with conditions, or permitted by conditional use
permit within any other use district in the City of Prior Lake.
The specific conditions imposed in the existing ordinance for Motor Vehicle Sales would not
permit the expansion of the automobile sales dealership. Specifically, one existing
condition states, The area of open sales or rental lot used for storage and display of
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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 automobile dealership
interested in pursuing a CUP to allow expansion of the sales and display lot feels this
condition is particularly restrictive. The dealership requesting the change is legally non-
conforming as it does not comply with this condition. The same is true of the other motor
vehicle sales facility in the community which is located in the TC, Town Center Use District. In
the case of the business requesting the change, the existing storage and vehicle display area
is approximately ten times larger than the building on the site. In the case of the other
automobile sales dealership in the city the ratio is more like one to five. Approval of a CUP to
allow expansion of the storage and display area would not be possible if this condition were to
remain in effect.
Because of this specific condition, City staff requested the Planning Commission initiate the
review of amendments to Subsection 1102.1103 (Subd. 3, Motor Vehicle Sales) of the Prior .
Lake Zoning Ordinance, which was approved by the Planning Commission on May 20,
2013.
The Planning Commission held a public hearing on June 17, 2013 and approved a motion
recommending the City Council approve the zoning ordinance amendments as proposed.
Current Circumstances
The purpose of the C-2, General Business Use District is to allow the concentration of
general commercial development for the convenience of the public and mutually beneficial
relationship to each other in those areas located away from residential areas designated by
the Comprehensive Plan; to provide space for community facilities and institutions that
appropriately may be located in commercial areas; to provide atlequate space to meet the
needs of modern commercial development, including off-street parking and truck loading
areas; to minimize traffic congestion; and to carefully regulate the intensity of commercial
development as it refers to both internal site factors and external impacts.
Mofor Vehicle Sales is defined in the City of Prior Lake Zoning Ordinance as, "Display, sale
and rental of automobiles, trucks, watercraft and recreational vehicles; motor vehicle service
and repair often occur in conjunction with this use. Characteristics may include outdoor
activity, outdoor sound systems, truck deliveries, night and weekend operating hours, and test
driving on nearby streets."
City staff reviewed the zoning ordinance requirements of seven "peer" communities of
� similar size or proximity and found motor vehicle sales was listed as a permitted use in the
General Commercial District in Savage; permitted in the General Commercial and
Restricted Industrial Districts in Chaska; a conditional use in Highway Commercial Districts
in Lakeville, Burnsville, and Rosemount; a conditional use in the Highway and Business
Services and Business Fringe Districts in Chanhassen; and as a conditional use in the
Highway Business and Community Commercial Districts of Shakopee. Only one other
community surveyed, Rosemount, had a similar condition restricting the size of the sales
and display area based on the principal building area.
Based on the conversations with the existing automobile dealership representatives and the
peer community zoning ordinance review, the Planning Commission and staff recommend
the following amendments to Subsection 1102.1103 (Subd. 3, Motor Vehicle Sales) of the
City of Prior Lake Zoning Ordinance.
1102.1103 Uses Permitted By Conditional Use Permit
(3) Motor Vehicle Sales. Conditions:
a. All vehicles storetl on the premises shall be insured and operable.
b. All open sales or rental lots shall be operated in conjunction with a building or buildings
containing the same or similar materials as displayetl on the open sales or rental lot.
c. The building and the sales or rental lot shall be on one contiguous site.
d. All parking and paved areas shall meet all of the landscaping and design requirements of
Subsection 1107.200. (Note additional staff recommended change identified under
"Issues")
,
e. Stnng lighting shall be prohibited.
f. No outdoor public address system shall be audible from any parcel located in an "R" Use
District.
g. All customer antl employee parking shall be clearly designated and signed.
h. No motor vehicle transport loading or unloading shall be permitted on any minor residential
street.
i. No display or storage of motor vehicles shall be permittetl on any public right-of-way.
j. A bufferyard, as determined by Subsection 1107.2003, shall be installed and maintained
along all property lines of an abutting "R" Use District.
k. The storage lot shall be located a minimum of 100 feet from an "R" Use District.
➢ Because many of the vehicles on a motor vehicle sales lot are not licensed until the
time of sale, staff is proposing to amend the language stating, "No previously registered
but currently unlicensed or non-operable vehicles shall be stored on premises" and
replace with, "All vehicles stored on the premises shall be insured and operable."
➢ Staff is proposing to eliminate condition f, which states, The area of open sales or
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rental lot used for storage and display of inerchandise 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 automobile dealership interested in pursuing a CUP to allow
expansion of the sales and display lot feels this condition is particularly restrictive. The
dealership, as it currently exists, is legally non-conforming as it does not comply with this
condition. The existing storage and vehicle display area is approximately ten times larger
than the building on the site. Approval of a CUP to allow expansion of the storage and
display area would not be possible if this condition were to remain in effect. Of the seven
communities researched, only Rosemount had a similar restriction limiting the outdoor
sales and display area based on the building size. Rosemount lists the maximum area
permitted for outdoor sales or display shall not exceed three and one-half (3.5) square
feet of outdoor storage area to each one square foot of enclosed ground floor principal
building area.
➢ Staff is proposing to remove condition g, which states, "Test driving shall be prohibited
on any street in an "R" Use District." Because of the residential nature of Prior Lake
antl the proximity of residential districts near C-2 districts, it is anticipated that vehicle
test drives may occur in an "R" use district. Additionally, staff does not believe
automobile test drives are generally disruptive to a resitlential neighborhood.
➢ Staff is proposing to amend condition h related to outdoor public address systems
because outdoor sound systems are identified as a characteristic of Motor Vehicle
Sales in the definition of the use. Staff is proposing to amentl the language which
states, "No outdoor public address system shall be permitted" to read, "No Outdoor public
address system shall be audible from any parcel located in an "R" Use District."
It should be noted that because Motor Vehicle Sales is listed as a conditional use in the C-2
Use District, the Planning Commission, or City Council in the case of appeal, will have the
ability to review all requests to allow Motor Vehicle Sales. Should the either body feel it
would be appropriate to include additional conditions of approval, including any of the
conditions which are proposed to be amended, for Motor Vehicle Sales (including trucks or
;
recreational vehicle sales or rental) they would have the ability to add conditions of approval
during the CUP application review process.
Zoninq Ordinance Amendment Findinqs:
Subsection 1108.600 of the zoning ordinance states:
1108.600 Policy For Amendments. Recommendations of the Planning Commission and
final determinations of the City Council shall be supported by findings addressing the
relationship of the proposed amendment to the following policies:
(2) In the case of amendments to the formal text of this Ordinance:
➢ There is a public need for the amendment, or
➢ The amendment will accomplish one or more of the purposes of this
Ordinance, the Comprehensive Plan or other adopted plans or policies of the
City, or
➢ The adoption of the amendment is consistent with State andlor federal
requirements.
1. There is a public need for the amendments.
Property and business owners have expressed concerns that restrictive zoning antl
land use requirements create a slow and costly development process and the
requirements are hampering their ability to grow and expand businesses or develop
properties. Staff research has identified areas where the City of Prior Lake does have
somewhat restrictive requirements related Motor Vehicle Sales compared to
surrountling communities. The proposed zoning ordinance amendments relax the
current minimum conditions of CUP approval, provide more flexible development
options and more closely align Prior Lake's Zoning Ordinance to those of surrounding
communities.
2. The amendment will accomplish one or more of the purposes of this Ordinance,
the Comprehensive Plan, or other adopted plans or policies of the City.
This amendment will help accomplish one of the goals of the 2030 Vision and Strategic
Plan under the Economic and Community Development strategic element, which is to
review the existing City Code and Zoning Ordinance provisions to assess their impact
on achieving economic development objectives.
3. The adoption of this amendment is consistent with State andlor federal
requirements.
These amendments are consistent with state and federal requirements.
Conclusion
In an effort to make the zoning ordinance more "business friendly," the City Council has
recently approved text amendments to the I-1, Industrial Use District to simplify the
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development process, provide more flexible design options and allow a wider variety of land
uses and building materials within the City's General Industrial District. City staff views this
proposed amendment to Subsection 1102.1103 as another opportunity to consider
amendments which make the Prior Lake Zoning Ordinance more business friendly. Based
upon the findings set forth in this report and the City of Prior Lake's desire to identify
opportunities to make the zoning ordinance more "business friendly", staff recommends
approval of the proposed zoning ordinance amendments.
ISSUES: The City Council will need to determine if there are any aspects of the proposed zoning
ordinance amendment language which should be revisetl.
As presently written, motor vehicles for sale must be located on a hard surface lot of either
bituminous or concrete. The staff supports this requirement for a number of reasons. Rain,
snow and ice have little impact on such surfaces. Maintenance can readily be performed
year around. The hard surface is generally dust free and resists allowing motor vehicle
fluids to percolate into the ground in the event of a spill. Hard surfaces can be marked so
that vehicles for sale are parked in an orderly fashion and walkways can be clearly
designated. Customers may park their vehicles on the hard surface to separate vehicles for
sales from customer's vehicles during test drives.
The proposed amendments would establish the minimum conditions for approval of a
conditional use permit to allow Motor Vehicle Sales in the C-2, General Business Use
District; however, the Planning Commission, or City Council in the case of an appeal, may
impose additional conditions that are intended to promote and protect pedestrian safety,
limit the impact of a business on neighboring residential properties, create a buffer between
commercial and residential uses, and maintain the characteristics of a neighborhood. By
recommending approval of the amendments, the City Council is not establishing the final
conditions of approval, they are simply amending the minimum conditions of approval to
eliminate restrictive conditions and provide greater flexibility.
For these reasons noted above, staff recommends the City Council approve an Ordinance
amending Section 1102.1103(3), Motor Vehicle Sales, of the Prior Lake Zoning Ordinance
subject to one additional amendment which clarifies all vehicles shall be located on hard
surfaces. Staff is also proposing to delete condition d which states:
d. All parking and paved areas shall meet all of the landscaping and design requirements of
Subsection 1107.200.
and replace with:
d. Vehicles for sale, customer's and employee's vehicles shall be located on hard
surfaces at all times which shall meet all of the landscaping and design requirements of
subsection 1107.200.
Should the City Council approve the proposed zoning ordinance amendments, staff
anticipates a conditional use permit application to allow Motor Vehicle Sales in the C-2,
General Business Use District will be submitted for Planning Commission consideration
during a public hearing in August.
;
FINANCIAL If approved, the ordinance amendments may allow for increased economic development,
IMPACT: which may facilitate a more diverse tax base and job creation.
ALTERNATIVES: 1. Approve an Ordinance amending Section 1102.1103(3), Motor Vehicle Sales, of the
Prior Lake Zoning Ordinance as proposed, including the proposed amendment to
contlition d, or with changes as specified.
2. Deny the proposed amendment based on specific findings (direct staff to return with a
proposed resolution with findings of fact supporting denial).
3. Send this item back to the Planning Commission for further discussion andlor another
public hearing.
4. Table or continue discussion of the item for a specific purpose and provide direction to
City staff.
RECOMMENDED City staff recommends Altemative #1.
MOTIONS:
ATTACHMENT: 1. Ordinance
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v � 4646 Dakota Street SE
Prior Lake, MN 55372
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CITY OF PRIOR LAKE
ORDINANCE N0. XXX-XX
AN ORDINANCE AMENDING SECTION 1102.1103 (3) OF THE PRIOR LAKE ZONING ORDINANCE
RELATING TO USES PERMITTED BY CONDITIONAL USE PERMIT (MOTOR VEHICLE SALES) IN THE C-2
GENERAL BUSINESS USE DISTRICT
1. The City Council of the City of Prior Lake does hereby ordain that Section 1102.1103 (Uses Permitted By
Conditional Use Permit in the C-2, General Business Use District) of the Prior Lake Zoning Ordinance is hereby
amended to read as follows:
(3) Motor Vehicle Sales. Contlitions:
a. All vehicles storetl on the premises shall be insured and operable.
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.
c. The bui�ding and the sales or rental lot shall be on one contiguous site.
d. Vehicles for sale, customer's and employee's vehicles shall be locatetl on hard surfaces at all times which
shall meet all of the landscaping and design requirements of Subsection 1107.200.
e. String lighting shall be prohibited.
f. No outdoor public address system shall be audible from any parcel located in an "R" Use District.
g. All customer and employee parking shall be clearly tlesignated and signed.
h. No motor vehicle transport loading or unloading shall be permitted on any minor residential street.
i. No display or storage of motor vehicles shall be permitted on any public right-0f-way.
j. A bufferyard, as deteRnined by Subsection 1107.2003, shall be installed and maintained along all property
lines of an abutting "R" Use District.
k. The storage lot shall be located a minimum of 100 feet from an "R" Use District.
2. This Ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 8th day of July, 2013.
ATTEST:
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
Published in the Prior Lake American on the day of July, 2013.
Drafted By:
Prior Lake Community & Economic Development Department
4646 Dakota Street
Prior Lake, MN 55372