HomeMy WebLinkAbout04-98
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION 04-98
(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: ZIESKA
SECOND BY: LEMAIR
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.
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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 sign age 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.
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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 I but does
not distinguish employee parking. However, this shall be included as a condition of approval.
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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 ot motor vehicles shall be permitted on any public right-ot-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 nRn 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 nRn 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.
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(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 J 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 9am to 9pm.
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(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.
Blomber
Hau en
LeMair
Petersen
Zieska
YES
X
X
X
X
X
NO
Blomber
Hau en
LeMair
Petersen
Zieska
lJJ
{Seal}
City Manager,
City of Prior Lake
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