HomeMy WebLinkAbout4A - Prior Lake Bait & Tackle CUPF,
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4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: NOVEMBER 4, 2013
AGENDA #: 4A
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: JEFF MATZKE
PUBLIC HEARING: YES
AGENDA ITEM: PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT FOR MO-
TOR VEHICLE SALES IN THE C-2 (GENERAL BUSINESS) ZONING DIS-
TRICT
DISCUSSION: Introduction
Prior Lake Bait and Tackle has applied for a Conditional Use Permit for a res-
taurant which serves liquor in the C-2 (General Business) Zoning District. The
request is to allow for the expansion of the current paved parking lot area to allow
for Motor Vehicle Sales. The site is located at 15750 Hwy 13 South, north of
County State Aid Highway 44, at the intersection of Franklin Trail and MN State
Trunk Highway 13.
Section 1102.1100, C-2 General Business Use District of the Prior Lake Zoning
Ordinance, states that Motor Vehicle Sales require a Conditional Use Permit as
further identified in Section 1102.1103(5). This section includes conditions that
must be met (a-1) as shown in the Conclusion section of this report.
Current Circumstances
The Prior Lake Bait and Tackle requests to pave a 20 foot by 100 foot area along
the western edge of the current parking area for the storage of U -Haul rental
motor vehicles.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The site is 2.3 acres.
Topography: The subject site varies in elevation from 908 MSL to 942 MSL.
Vegetation: The site contains a commercial building housing a retail bait and
tackle shop and a restaurant with a shared parking area. Otherwise, the remain-
der of the site is largely wooded areas of varying topography.
Access: Access to the site is from southeast at the intersection of State Trunk
Highway 13 Franklin Trail.
2030 Comprehensive Plan Designation: This property is designated C -CC for
Community Retail Shopping on the 2030 Comprehensive Plan Land Use Map.
Zoning: The site area is zoned C-2 (General Business).
ISSUES:
Parkina: No currently paved parking areas will be impacted by the request. The
site's parking lot currently accommodates parking for The Cove Restaurant and
the Prior Lake Bait and Tackle shop.
Subsection 1102.1103, C-2 General Business Use District of the Zoning Ordi-
nance, states that "Motor Vehicle Sales" require a Conditional Use Permit as
further identified in Subsection 1102.1103(3).
In addition to the minimum conditions of approval detailed in Subsection
1102.1103, Subd. (3) of the Zoning Ordinance, (shown as a — I on the attached
resolution) City staff recommends the following additional conditions:
➢ The applicant shall record the Conditional Use Permit at the Scott County
Recorder's Office no later than 60 days after approval.
➢ The Conditional Use Permit is subject to the issuance of required permits
from all applicable governmental agencies.
➢ The site shall have no more than 8 vehicles stored for rental/sale at any given
period of time.
CONDITIONAL USE PERMIT (CUP) ANALYSIS:
Section 1108.200 of the City Code sets forth the criteria for approval of a CUP.
a) The use is consistent with and supportive of the goals and policies
of the Comprehensive Plan.
Two of the objectives of the Comprehensive Plan are to "determine and
strive for a balance of commerce, industry and population" and to
"maintain high standards in the promotion and development of commerce
and industry." This proposal will be consistent with the goals, objectives,
and policies of the Comprehensive Plan provided it complies with the
conditions of approval.
b) The use will not have undue adverse impacts on the use and
enjoyment of properties in close proximity to the conditional use.
Based upon review of the application, the proposed use will not be
detrimental to the health, safety, morals and general welfare of the
community. The conditions of the approving resolution are intended to
ensure ongoing protection of the surrounding community.
c) The use is consistent with the intent and purpose of the Zoning
Ordinance and the Use District in which the Conditional Use is
located.
Section 1102.1103 (3) of the Zoning Ordinance allows motor vehicle
sales as a use permitted by conditional use permit within the C-2 Zoning
District. The conditions set forth in the Zoning Ordinance shall be met
with the issuance of the Conditional Use permit.
d) The use will not have undue adverse impacts on governmental
facilities, services, or improvements which are either existing or
proposed.
The use will not have adverse impacts on governmental facilities.
e) The use will not have undue adverse impacts on the use and
enjoyment of properties in close proximity to the conditional use.
The use will not have undue adverse impacts on the use and enjoyment
of properties in close proximity. Access to the site is from a minor arterial
roadway and a bufferyard which includes a terrain separation exists
between the storage/parking area and nearby residential properties.
f) 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.
In this case, the site plans design do not require preparation by a civil
engineer. A registered land survey has been submitted for the site plan.
g) 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.
No exterior engineering plan modifications are currently proposed from
the existing conditions on site.
h) 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.
Additional conditions to ensure the protection of the general health,
safety and welfare of the public are included as part of the CUP. These
conditions include approval of permits from other governmental
agencies and adherence to the conditions outlined in Section
1102.1103 (3) of the Zoning Ordinance
Conclusion
The Prior Lake Bait and Tackle requests to pave a 20 foot by 100 foot area along
the western edge of the current parking area for the storage of U -Haul rental
motor vehicles. Staff recommends approval of the conditional use permit, sub-
ject to the following 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) 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.
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.
1) Test driving shall be in accordance with all applicable road and highway
laws and regulations.
m) The applicant shall record the Conditional Use Permit at the Scott County
Recorder's Office no later than 60 days after approval.
n) The Conditional Use Permit is subject to the issuance of required permits
from all applicable governmental agencies.
o) The site shall have no more than 8 vehicles stored for rental/sale at any
given period of time.
The City received the complete application for this request on October 18, 2013. Pursuant to
Minnesota State Statute, the City must act on this request by December 17, 2013 (60 days) unless
the City provides the petitioner with written reasons for an additional 60 day review period. The
City may, with the consent of the applicant, extend the review period beyond the initial 120 days.
ALTERNATIVES: . 1. Approve the conditional use permit subject to the above conditions.
2. Table this item to a date specific, and provide the applicant with direction
on the issues that have been discussed.
3. Deny the request based on specific findings of fact.
RECOMMENDED City Staff recommends Alternative #1.
MOTIONS:
ATTACHMENTS: 1. Resolution 13-XXPC
2. Location Map
3. Site Surrey
4646 Dakota Street SE
Prior Lake. MN 55372
CONDITIONAL USE PERMIT
RESOLUTION 13-XXPC
CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE SALES
IN THE C-2, GENERAL BUSINESS USE DISTRICT
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on November 4,
2013, to consider a request from Prior Lake Bait and Tackle to approve a Conditional
Use Permit to allow motor vehicle sales in the C-2 (General Business) Zoning District
at the following property:
15760 Highway 13 South, Prior Lake, MN 55372
All that part of the East 600 feet of the Southwest Quarter of the Southwest Quarter
of Section 36, Township 115, Range 22, lying northerly of the Northerly Right -of -Way
line of New State Trunk Highway No. 13, Scott County, Minnesota.
(PID 25-936-016-0)
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; and
WHEREAS, The Planning Commission 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 Prior Lake Zoning Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE:
The recitals set forth above are incorporated herein.
2. The Planning Commission hereby adopts the following findings:
a) The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
Two of the objectives of the Comprehensive Plan are to "determine and strive for a balance
of commerce, industry and population" and to "maintain high standards in the promotion and
development of commerce and industry." This proposal will be consistent with the goals,
objectives, and policies of the Comprehensive Plan provided it complies with the conditions
of approval.
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
b) The use will not have undue adverse impacts on the use and enjoyment of properties
in close proximity to the conditional use.
Based upon review of the application, the proposed use will not be detrimental to the health,
safety, morals and general welfare of the community. The conditions of the approving
resolution are intended to ensure ongoing protection of the surrounding community.
c) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use
District in which the Conditional Use is located.
Subsection 1102.1103, Subd. (3) of the Zoning Ordinance allows motor vehicle sales as a
use permitted by conditional use permit within the C-2 Zoning District. The conditions set forth
in the Zoning Ordinance shall be met with the issuance of the Conditional Use permit.
d) The use will not have undue adverse impacts on governmental facilities, services, or
improvements which are either existing or proposed.
The use will not have adverse impacts on governmental facilities.
e) The use will not have undue adverse impacts on the use and enjoyment of properties
in close proximity to the conditional use.
The use will not have undue adverse impacts on the use and enjoyment of properties in close
proximity. Access to the site is from a minorarterial roadway and a bufferyard which includes
a terrain separation exists between the storage/parking area and nearby residential
properties.
f) 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.
In this case, the site plans design do not require preparation by a civil engineer. A registered
land survey has been submitted for the site plan.
g) 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.
The applicant has submitted plans prepared by a Registered Engineer under the laws of the
State of Minnesota which illustrate existing and proposed drainage and utility details for the
site.
h) 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.
Additional conditions to ensure the protection of the general health, safety and welfare of
the public are included as part of the CUP. These conditions include approval of permits
from other governmental agencies and adherence to the conditions outlined in Section
1102.1103 (3) of the Zoning Ordinance
3. The CUP is hereby approved, subject to the following 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. 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.
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.
I. Test driving shall be in accordance with all applicable road and highway laws and regulations.
m. The applicant shall record the Conditional Use Permit at the Scott County Recorder's Office
no later than 60 days after approval.
n. The Conditional Use Permit is subject to the issuance of required permits from all applicable
governmental agencies.
o. The site shall have no more than 8 vehicles stored for rental/sale at any given period of time.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use
Permit to allow motor vehicle sales in the C-2 (General Business) Zoning District. The contents of
Planning Case File #DEV -2013-0012 is hereby entered into and made a part of the public record and the
record of the decision for this case.
Passed and adopted this 4th day of , 2013.
Jeff Phelan, Commission Chair
ATTEST:
Dan Rogness, Community & Economic Development Director
Prior Lake Bait & Tackle - 15760 Highway 13
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