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HomeMy WebLinkAbout9A - Diggers Polaris MEETING DATE: AGENDA #: REVIEWED BY: AGENDA ITEM: DISCUSSION: JUNE 7, 2004 9A JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF AN AMENDMENT TO A CONDITIONAL USE PERMIT FOR DIGGER'S POLARIS RELATING TO: 1) OUTDOOR DISPLAY AND 20 TEST TRACK (Case File No.: 04-64) Historv: The City Council approved a motion on April 19, 2004, directing staff to prepare an amendment to Digger's Polaris' Conditional Use Permits for property located at 16450 Anna Trail SE. The purpose of the amendments is to provide clarification regarding outdoor display and the test track. On August 18, 2003, the City Council approved 2 Conditional Use Permits for Digger's Polaris. One CUP was for motor vehicle sales and the other CUP was for motor vehicle repair and service. A. Motor Vehicle Sales: One of the conditions in the current CUP (Condition "N") restricts the location of outdoor storage and equipment. Specifically, this condition states "No outdoor storage of vehicles or equipment shall be located outside of the designated, fenced storage area." A second condition (Condition "W") prohibits a test track as follows: "A test track shall be prohibited in conjunction with motor vehicle sales." B. Motor Vehicle Reoair: The CUP for Motor Vehicle Repair also includes a condition (Condition "0") prohibiting a test track. This condition states, "A test track shall be prohibited in conjunction with motor vehicle repair." Although the conditions in both CUPs are explicit and unambiguous, Mr. Nagel has informed the City that in his opinion the two existing CUPs allow him to (1) store vehicles and equipment that are "for sale" and (2) operate a test track. Jane Kansier is working with Mr. Nagel to explain the conditions of the current CUP. On May 24, 2004 the Planning Commission held a public hearing to consider the amendments to the Digger's Polaris CUPs to clarify the issues regarding outdoor storage and a test track. No members of the 1:\04 files\04 cup's\digger's polaris\cc report.doc 'ty f . I k WWW.Clopnorae.com Phone 952.447.4230 / Fax 952.447.4245 public spoke at the public hearing on the proposed amendments. Consequently, the Planning Commission concluded the amendments were not an issue to the property owners within 350 feet The Planning Commission recommended approval of both amendments. The Planning Commission recommended the City Council amend the motor vehicle sales and motor vehicle repair CUP to include the following conditions: 1. Only merchandise for sale by Digger's Polaris may be operated on the test track. 2. The test track must be confined within the designated, fenced outdoor storage area. 3. The test track must maintain a 30 foot setback from the 100 year flood elevation of the wetland. 4. Hours of operation of the test track shall be limited to the operating hours of Digger's Polaris. The Planning Commission recommended the City Council approve an amendment to the motor vehicle repair CUP to allow for outdoor display with the following conditions: 1. The outdoor storage of merchandise shall be placed only between the principal building and Anna Trail. 2. Not more than 8 pieces of any merchandise can be displayed on the property outside of the designated, fence area at anyone time. 3. All recreational equipment and merchandise on display outside the designated, fence area must be a product for sale by Digger's Polaris. 4. New or used automobiles or trucks are not considered recreational equipment. In recommending approval of the amendments to the CUPs, the Planning Commission expressed concern that: (1) A representative of Digger's Polaris did not attend public meeting; therefore, the Commissioners were unable to ask Mr. Nagle, or his representative, if Diggers has a concern with the limitation on the number of stored items; and (2) Whether the limitations on the hours of operation of the test track would have an effect on the motor vehicle repair operation. Staff recommended the hours of operation of the test track coincide with the hours of operation of the retail business. However, staff also 1:\04 files\04 cup's\digger's polaris\cc report. doc 2 recognized the hours of the sales and repair operations may differ and, consequently, limiting the operation of the test track to the hours for vehicle sales may affect the vehicle repair portion of Digger's Polaris operation. The Planning Commission also directed staff to make a distinction between "outdoor storage" and "outdoor display". Current Circumstances: The property is zoned C-4 (General Business) and is guided C-CC (Community Retail Shopping) on the Comprehensive Land Use Plan Map. Motor vehicle sales and motor vehicle repair are separate conditional uses in the C-4 zoning district. PHYSICAL SITE CHARACTERISTICS: Total Site Area: The total site is approximately 7.4 acres. ExistinQ Use: The property is currently utilized as a Polaris dealership. Merchandise is stored outside of the fenced outdoor storage area along Anna Trail. A test track is located within the designated, fenced outdoor storage area. Both of these activities are prohibited under the current CUPs. Toooaraohv: The site has a varied topography. The site slopes from south to north. The highest point on this site (elevation approximately 960' MSL) is located at the south portion of the site adjacent to Anna Trail, and low point (elevation approximately 925' MSL) at the northwest corner of the property. Veaetation: Mature vegetation is present along the northwest portion of the site. Wetlands: According to information on file at the City, wetlands are not present on the site. Access: Primary access to this property is from Anna Trail. The intersection of Anna Trail and TH 13 is not a full access (right-in, right-out only). Adiacent Existina Uses, Land Use, and Zonina: Existing Use Land Use Zoning Designation Valley Signs C-C/C, Community R-2, Low- West Retail Shopping Medium Density Residential East TH 13 1:\04 files\04 cup's\digger's polaris\cc report. doc 3 North Vacant R-UMD, Urban R-2, Low- Low-Medium Medium Density Density Residential Residential South Anna Trail; C-C/C, Community C-1, Creative Retail Shopping Neighborhood Graphics; Commercial ISD #719 ISSUES: Digger's Polaris wishes to conduct operations with outdoor storage of merchandise and a test track. The existing Conditional Use Permits prohibit both activities, so the Conditional Use Permits must be amended. I. Outdoor Displav of Merchandise The motor vehicle sales Conditional Use Permit (CUP) precludes the storage of merchandise outside of the fenced area. But the CUP allows open sales lots. An open sales lot means the display of merchandise on a designated improved surface. Moreover, Section 1102.1300 (8) precludes the storage, display or parking of vehicles in any required yards or landscaped areas. Digger's Polaris is currently storing merchandise in the front yard abutting Anna Trail. The applicant did not designate an open sales or display area on the site plan submitted with the CUP. But the fenced area was designated for outdoor storage. As part of the Planning Commission's discussion, they requested that staff clarify the difference between outdoor storage and outdoor display. The Zoning Ordinance defines outdoor storage as "the receiving, keeping and shipping of goods and materials outside of an enclosed building where outdoor activity includes only the unloading, loading, and keeping of materials." Outdoor display means "an area of designated size used for the display of merchandise normally vended with the contiguous business or organization." Outdoor storage is temporary in nature, whereas outdoor display is permanently part of the site plan. The City Council supports amending the permit to allow the display of merchandise with limitations on the amount displayed. On May 7, 2004, staff conducted an inspection to determine the amount of outdoor display, and 19 pieces of recreational equipment were parked in the front yard abutting Anna Trail, including 1 boat, 6 jet skis, 3 carts, and 9 all-terrain vehicles. Only 5 pieces of merchandise could be considered displayed on the property. The other 14 were stored in the front yard. The Planning Commission recommended the City Council approve an amendment to the motor vehicle repair CUP to allow for outdoor display with the following conditions: 1:\04 files\04 cup's\digger's polaris\cc report.doc 4 1. The outdoor storage of merchandise shall be placed only between the principal building and Anna Trail. 2. Not more than 8 pieces of any merchandise can be displayed on the property outside of the designated, fence area at anyone time. 3. All recreational equipment and merchandise on display outside the designated, fence area must be a product for sale by Digger's Polaris. 4. New or used automobiles or trucks are not considered recreational equipment. II. Test Track within Desianated, Fenced Outdoor Storaae Area The Conditional Use Permits for motor vehicle sales and motor vehicle repair prohibit a test track. A "test track" can be defined as a designated course created and maintained by Digger's Polaris that permits interested buyers to test drive a vehicle or equipment sold by Digger's Polaris prior to purchase. The intention of the test track is to permit onlv Digger's Polaris products to be tested or driven. It is for sales purposes only. The Planning Commission recommended the City Council amend the motor vehicle sales and motor vehicle repair CUPs with the following conditions: 1. Only merchandise for sale by Digger's Polaris may be operated on the test track. 2. The test track must be confined within the designated, fenced outdoor storage area. 3. The test track must maintain a 30 foot setback from the 100 year flood elevation of the wetland. 4. Hours of operation of the test track shall be limited to the operating hours of Digger's Polaris. CONDITIONAL USE PERMIT FINDINGS: Section 1108.200 of the City Code sets forth the general criteria utilized to review a CUP application. (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." The operation 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. 1:\04 files\04 cup's\digger's polaris\cc report.doc 5 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 "protect the residential, business, industrial and public areas of the community and maintain their stability." The proposed use is consistent with this goal, provided the site complies with all conditions of approval. 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 vehicle sales and repair are appropriate for this district because of potential traffic generation and overall intensity of the use. However, the outdoor display of merchandise and test track increase the intensity of the use, so additional conditions limiting the location and number of items displayed, and the operation of the test track are appropriate. (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 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. The original Conditional Use Permits preclude 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 are required to maintain a 100 foot setback from any "R" use district. The amendment to the Conditional Use Permits restricts the location and amount of outdoor storage as well as the location and use of the test track to mitigate any adverse impacts. (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. 1:\04 files\04 cup's\digger's polaris\cc report.doc 6 CONCLUSION: FISCAL IMPACT: ALTERNATIVES: This condition was satisfied with the original Conditional Use Permit applications. (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. This condition was satisfied with the original Conditional Use Permit applications. (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 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 they deem appropriate to protect the general welfare, public safety, and neighborhood character. The City Council directed staff to prepare an amendment to the Conditional Use Permits approved for Digger's Polaris to operate motor vehicle sales and repair on property located at 16450 Anna Trail. The purpose of the amendments is to allow limited outdoor display of merchandise and a test track within the designated, fenced outdoor storage area. BudQet Impact: Approval of these amendments will not have a budget impact. The City Council has three alternatives: 1. Adopt resolutions approving the amendments to the CUPs for Digger's Polaris to allow outdoor display and a test track. 2. Deny the resolutions approving the amendments to the CUPs for Digger's Polaris. 3. Defer this item and provide staff with specific direction. 1:\04 files\04 cup's\digger's polaris\cc report. doc 7 RECOMMENDED ACTION: The Planning Commission recommended approval of the amendment to the CUP for motor vehicle sales to allow the outdoor display of merchandise with the following conditions: 1. The outdoor storage of merchandise shall be placed only between the principal building and Anna Trail. 2. Not more than 8 pieces of recreational equipment can be displayed on the property outside of the designated, fence area at anyone time. 3. All recreational equipment and merchandise on display outside the designated, fence area must be for sale by Digger's Polaris. 4. New or used automobiles or trucks are not considered recreational equipment. The Planning Commission recommended the City Council approve the amendment to the CUP for motor vehicle sales to allow a test track with the following conditions: 1. Only merchandise for sale by Digger's Polaris may be operated on the test track. 2. The test track must be confined within the designated, fenced outdoor storage area. 3. The test track must maintain a 30 foot setback from the 100 year flood elevation of the wetland. 4. Hours of operation of the test track shall be limited to the store hours of Digger's Polaris. MOTION REQUIRED: This action requires the following motions: 1. A motion and second to recommend approval of an amendment to the motor vehicle sales Conditional Use Permit for outdoor display and the test track on property located at 16450 Anna Trail SE with conditions. 2. A motion and second to recommend approval of an amendment to the motor vehicle rep' Conditional Use Permit for the test track on pro y located 16 50 Anna Trail SE with conditions. REVIEWED BY: 1:\04 files\04 cup's\digger's polaris\cc report. doc 8 ~"-'--'~""'~~ -- .,...."'_.'""""._,_......".,..,,..._~_.~~.".~,,...~,_,.,,_..~-..'-__...~,,_..,,~,~,...,~_,~._..'_".M.._._~._.,..~-._....._.,_"W~~"..... ,.~ ~'".__.<.",,,.....,^,, _..... _ .. .""".,~.""...,'".....~..._._...~.,.,.....~, ~..,"~__.,,__,~...,....__,..._..~.~.""-""............_~~____._,___...__"''-''''.....-.........____._____._..... 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CONDITIONAL USE PERMIT RESOLUTION 04-XX (MOTOR VEHICLE SALES) APPROVING AN AMENDMENT TO THE MOTOR VEHICLE SALES CONDITIONAL USE PERMIT TO ALLOW OUTDOOR DISPLAY AND A TEST TRACK ON PROPERTY LOCATED AT 16450 ANNA TRAIL SE WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, MOTION BY: SECOND BY: The Prior Lake Planning Commission conducted a public hearing on May 24, 2004, to consider an application from Digger's Polaris to amend the motor vehicle sales Conditional Use Permit (CUP) to allow outdoor display and a test track on property located at 16450 Anna Trail SE; and Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and 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 The Planning Commission recommended the City Council approve the CUP with specific conditions; and The City Council considered the amendment to the CUP application for motor vehicle sales at its regular meeting on June 7, 2004; and 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 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: a. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. L:\04 FILES\04 CUP'S\Digge~s Polaris\cup res sales.DOC 'ty f . I k WWW.Clopnorae.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 An objective of the Comprehensive Plan is to "maintain high standards in the promotion and development of commerce and industry." The operation 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 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. 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. One purpose of the Zoning Ordinance is to "protect the residential, business, industrial and public areas of the community and maintain their stability." The proposed use is consistent with this goal, provided the site complies with all conditions of approval. 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 vehicle sales and repair are appropriate for this district because of potential traffic generation and overall intensity of the use. However, the outdoor display of merchandise and test track increase the intensity of the use, so additional conditions limiting the location and number of items displayed, and the operation of the test track are appropriate. d. 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 are comply with the uses will not over burden municipal 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 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. The original Conditional Use Permits preclude 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 are required to maintain a 100 foot setback from any "R" use district. The amendment to the Conditional Use Permits restricts the location and amount of outdoor storage as well as the location and use of the test track to mitigate any adverse impacts. 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. This condition was satisfied with the original Conditional Use Permit applications. 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. This condition was satisfied with the original Conditional Use Permit applications. L:\04 FILES\04 CUP'S\Digger's Polaris\cup res sales. DOC Page 2 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. The City Council may revise recommended conditions or attach additional conditions as they deem 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 shall be stored on premises. This shall be included as a condition of approval. 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. This shall be included as a condition of approval. c. The building and the sales or rental lot shall be on one contiguous site. The building and open storage are located on two contiguous parcels of land. d. All parking and paved areas shall meet all 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 indicate a 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 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 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 permitted. This shall be included as a condition of approval. i. All customer and employee parking shall 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. L:\04 FILES\04 CUP'S\Digge~s Polaris\cup res sales.DOC Page 3 , "?-""~'-''''''''~'''''-- -..;- <', ~'"-'-'-""- 4..~". "~,,,,"____,,,,_",,,,_,,,_,,,,,,,,,,,>,_,',_.,~.-4".~'~_"k,""""~~..-"."~~......."'.,.._..""_"_~,_.........",,,_,,,,,,,~,",,,,_,,,,,~,___,,,,,,'_~_"''''''_. ....""""4~~_".......~,..___....,....._""""""'~~.,'_._,'>"^~."'~.."..4'___'_~,,,-____.___ j. No motor vehicle transport loading or unloading shall be permitted on any minor residential street. This shall be included as a condition of approval. k. No display or storage of motor vehicles shall be permitted on any public right-of-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 100 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 % of SE % 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 % of SE % 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 % SE % 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 % of the SE % 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 % of the SE % distant 700 feet East of the northwest corner thereof; thence South and parallel to the West line of said NW % of the SE % 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 % of the SE %; thence North on said East line to the northeast corner of said NW % of SE %; 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. Resolution 03-142 is hereby amended to include the following conditions: (1) A certificate of survey prepared and signed by a registered land surveyor shall be submitted. (2) Exterior materials of all buildings on the site shall comply with Section 1107.220 of the Zoning Ordinance. L:\04 FILES\04 CUP'S\Digger's Polaris\cup res sales. DOC Page 4 (3) 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. (4) The detached accessory structure shall either be relocated to comply with the 20 foot required side yard setback or removed from the site. (5) 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. (6) Existing gravel parking area along the west property line shall be removed. (7) 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. (8) Landscaping shall be installed to comply with minimum requirements in Section 1107.1905 of the Zoning Ordinance. (9) 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. (10) 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. (11) 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. (12) A lighting plan shall be submitted indicated location of fixtures and illumination levels. (13) Outdoor storage shall be placed on a bituminous surface and shall be limited to 41,416 square feet in area. (14) No outdoor storage of vehicles or equipment shall be located outside of the designated, fenced storage area. (15) No previously registered but currently unlicensed or non-operable vehicles shall be stored on the premises. (16) 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. (17) String lighting shall be prohibited. (18) Test driving shall be prohibited on any street in an "R" use District. (19) All customer and employee parking shall be clearly designated and signed. (20) No outdoor public address system shall be permitted. (21) No motor vehicle transport loading or unloading shall be permitted on any minor residential street. (22) No display or storage of motor vehicles shall be permitted on any public right-of-way. (23) The outdoor storage of merchandise shall be placed only between the principal building and Anna Trail. (24) Not more than 8 pieces of recreational equipment can be displayed on the property outside of the designated, fence area at anyone time. (25) All recreational equipment and merchandise on display outside the designated, fence area must be for sale by Digger's Polaris. (26) New or used automobiles or trucks are not considered recreational equipment. (27) Only merchandise for sale by Digger's Polaris may be operated on the test track. (28) The test track must be confined within the designated, fenced outdoor storage area. (29) The test track must maintain a 30 foot setback from the 100 year flood elevation of the wetland. (30) Hours of operation of the test track shall be limited to the store hours of Digger's Polaris. L:\04 FILES\04 CUP'S\Digger's Polaris\cup res sales. DOC Page 5 ,_....-,.,".~,._...'._h'....".."......"..'.......V,~_'" , ,'" ..... _'"_~~"'__'"_.""_ _"~"'._ '''._.... ... ,".>, ""_'~"'~"""'~_~"""'_""""__'_'''''''.. _. _,",,_,~,,"'''''''_''_<.'_", -'","_ .._......., ;....>~"'.~._...........,"'...+.~__,.......~......."._.~,..,~'-'-,~~.~,.,."...___,~ .,_~_._.-..._~_"'~..,._~~.~...,_-...~~"._____,_~..".~..........___."_"_....__,_~_.__........--=---....-~-...--..__..........'_. (31) 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 and #04-64 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 ih day of June, 2004. YES NO Blomberg Blomberg Haugen Haugen LeMair LeMair Petersen Petersen Zieska Zieska {Seal} City Manager, City of Prior Lake L:\04 FILES\04 CUP'S\Digger's Polaris\cup res sales.DOC Page 6 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CONDITIONAL USE PERMIT RESOLUTION 04-XX (MOTOR VEHICLE REPAIR) APPROVING AN AMENDMENT TO A MOTOR VEHICLE REPAIR CONDITIONAL USE PERMIT TO ALLOW A TEST TRACK ON PROPERTY LOCATED AT 16450 ANNA TRAIL SE WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, MOTION BY: SECOND BY: The Prior Lake Planning Commission conducted a public hearing on May 24, 2004, to consider an application from Digger's Polaris for an amendment to a motor vehicle repair Conditional Use Permit (CUP) to allow a test track on property located at 16450 Anna Trail SE; and Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and 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 The Planning Commission recommended the City Council approve the CUP with specific conditions; and The City Council considered the CUP application for motor vehicle repair at its regular meeting on June 7, 2004; and 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 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: a. 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." The operation will be consistent with the goals, objectives, and policies of the Comprehensive Plan provided it complies with the conditions of approval. L:\04 FILES\04 CUP'S\Digger's Polaris\cup res repair.DOC 'ty f . I k WWW.Clopnorae.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 b. 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. 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. One purpose of the Zoning Ordinance is to "protect the residential, business, industrial and public areas of the community and maintain their stability." The proposed use is consistent with this goal, provided the site complies with all conditions of approval. 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 vehicle sales and repair are appropriate for this district because of potential traffic generation and overall intensity of the use. However, the outdoor display of merchandise and test track increase the intensity of the use, so additional conditions limiting the location and number of items displayed, and the operation of the test track are appropriate. d. 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 are comply with the uses will not over burden municipal 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 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. The original Conditional Use Permits preclude 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 are required to maintain a 100 foot setback from any "R" use district. The amendment to the Conditional Use Permits restricts the location and amount of outdoor storage as well as the location and use of the test track to mitigate any adverse impacts. 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. This condition was satisfied with the original Conditional Use Permit applications. 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. This condition was satisfied with the original Conditional Use Permit applications. 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. L:\04 FILES\04 CUP'S\Digger's Polaris\cup res repair. DOC Page 2 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 they deem 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 shall be audible from any property located in an "R" 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 streets. The site's primary access is via Anna Trail, which is a local street. However, the driveway access is located approximately 200 from the intersection 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 are 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 cars. A car wash is not included with this application. h. Hours of operation shall be limited to 6:00am to 10:00pm, 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. L:\04 FILES\04 CUP'S\Digger's Polaris\cup res repair.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. i. 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. j. 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 right-ot-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 shall 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 right-ot-way. A car wash is not included with this application. k. 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 off-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 off- street parking spaces shall be required tor 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 ~ of SE ~ 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 ~ of SE ~ 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 ~ SE ~ 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 ~ of the SE ~ 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 ~ of the SE ~ distant 700 feet East of the northwest corner thereof; thence South and parallel to the West line of said NW ~ of the SE ~ 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 ~ of the SE~; thence North on said East line to the northeast corner of said NW ~ of SE~; 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 L:\04 FILES\04 CUP'S\Digger's Polaris\cup res repair.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. Resolution 03-143 is amended to include the following conditions. (1) No public address system shall be audible from any property located in an "R" Use District. (2) All repair, assembly, disassembly and maintenance of vehicles shall be inside a closed building except tire inflation, changing wipers or adding oil. (3) Hours of operation shall be limited to 6:00am to 10:00pm, unless the service doors to the facility remain closed at all times. (4) Only merchandise for sale by Digger's Polaris may be operated on the test track. (5) The test track must be confined within the designated, fenced outdoor storage area. (6) The test track must maintain a 30 foot setback from the 100 year flood elevation of the wetland. (7) Hours of operation of the test track shall be limited to the store hours of Digger's Polaris. (8) 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 and #04-64 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 ih day of June, 2004. YES NO BlomberQ BlomberQ Haugen Haugen LeMair LeMair Petersen Petersen Zieska Zieska {Seal} City Manager, City of Prior Lake L:\04 FILES\04 CUP'S\Digger's Polaris\cup res repair. DOC Page 5