The URL can be used to link to this page

Home My WebLink About4D - Motor Vehicle Sales Ord Amend -2 100* P 4646 Dakota Street SE Prior Lake, MN 55372 �frVDI68�� PLANNING COMMISSION AGENDA REPORT MEETING DATE: JUNE 17, 2013 AGENDA #: 4D PREPARED BY CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST PRESENTED BY; JEFF MATZKE, PLANNER PUBLIC HEARING: YES AGENDA ITEM PUBLIC HEARING TO CONSIDER AN AMENDMENT TO SECTION 1102.1103 (SUBD. 3 MOTOR VEHICLE SALES) OF THE PRIOR LAKE ZONING ORDINANCE. DISCUSSION: Introduction The purpose of this public hearing is to consider amendments to Section 1102.1103 (Subd. 3 Motor Vehicle Sales) of the City of Prior Lake Zoning Ordinance. History On May 20, 2013 the Planning Commission approved a request to initiate the review of amendments to Section 1102.1103 (Subd. 3, Motor Vehicle Sales) of the Prior Lake Zoning Ordinance. Current Circumstances City staff has had recent discussions with representatives of a local automobile sales dealership interested in expanding their existing motor vehicle sales and display 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 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 adequate space to meet the needs of modem 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. Motor 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. Based on the conversations with the existing automobile dealer and the peer community zoning ordinance review, staff recommends the following amendments to Section 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 stored on the premises shall be insured and operable. Ne • licensed- -e�non operabl -v leles - to ;�w��lo shall be stored -o re ices 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 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. e. String lighting shall be prohibited. f. The area -ef- open- sales -or rental lot used for- storage- and- tl+splay -ef - • - - .. - - - -"z= - - or every 1 square foot of • - - - - - ery-tkse- g. Tea drivingshall -prof ited -ori y etreet- in-an" se -Dist K-f. No outdoor public address system shall be audible from any parcel located in an ' "R" Use District.peitted: g_All customer and employee parking shall be clearly designated and signed. j-,11. No motor vehicle transport loading or unloading shall be permitted on any minor residential street. l€ No display or storage of motor vehicles shall be permitted on any public right -of -way. 1 4 . _ A bufferyard, as determined by Subsection 1107.2003, shall be installed and maintained along all property lines of an abutting "R" Use District. 'wk. The storage lot shall be located a minimum of 100 feet from an "R" Use District. Y 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." Y Staff is proposing to eliminate the condition f, which states, "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 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 all the 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. D. Staff is proposing to remove the 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 and 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 residential neighborhood. Since Motor Vehicle Sales is listed as a conditional use in the C -2 use district, the Planning Commission will have the ability to review any request to allow Motor Vehicle Sales. Should the Planning Commission feel this condition would be appropriate for a specific type of motor vehicle sales (i.e. trucks or recreational vehicles) the commission would have the ability to add this condition of approval during the CUP application review process. D Staff is proposing to amend condition h related to outdoor public address systems because outdoor sound systems are a characteristic of motor vehicle sales identified in the definition of the use. Staff is proposing to amend 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." Zoning Ordinance Amendment Findings: Section 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 y The adoption of the amendment is consistent with State and /or federal requirements. 1. There is a public need for the amendments. Property and business owners have expressed concerns that restrictive zoning and 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 surrounding 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 and /or federal requirements. These amendments are consistent with state and federal requirements. ISSUES: 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 Planning Commission 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. Conclusion In an effort to make the Zoning Ordinance more "business friendly," the Planning Commission and City Council have recently approved text amendments to the 1- 1, Industrial Use District to simplify the 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 Section 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. Should the Planning Commission and 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 at the August 5, 2013 meeting. ALTERNATIVES: 1. Motion and second recommending the City Council approve the Zoning Ordinance amendment as proposed, or with changes specified by the Planning Commission. 2. Motion and second recommending the City Council deny the proposed Zoning Ordinance amendment based on specific findings. 3. Table or continue discussion of the item for a specific purpose. RECOMMENDED City Staff recommends Alternative #1. MOTIONS: ATTACHMENT: 1. Draft Ordinance � 4646 Dakota Street SE Prior Lake, MN 55372 ��NIV68�� CITY OF PRIOR LAKE ORDINANCE NO. XXX -XX AN ORDINANCE AMENDING SECTION 11 OF THE PRIOR LAKE CITY CODE BY AMENDING SUBSECTION 1102.300 SUBD. 3 RELATING TO USES PERMITTED BY CONDITIONAL USE PERMIT (MOTOR VEHICLE SALES) OF THE PRIOR LAKE ZONING ORDINANCE. 1. The City Council of the City of Prior Lake does hereby ordain that Subsection 1102.1103 (Uses Permitted By Conditional Use Permit in the C -2, General Business Use District) of the Prior Lake City Code is hereby amended as follows: (3) Motor Vehicle Sales. Conditions: a. All vehicles stored 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 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. 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 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 permitted 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. 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 XX day of July, 2013. ATTEST: Frank Boyles, City Manager Kenneth 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