HomeMy WebLinkAbout04-99
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION 04-99
(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: PETERSEN
SECOND BY: LEMAIR
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.
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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.
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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.
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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 teet trom 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-of-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 ot 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 for 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
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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 9:00am to 9:00pm, 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.
Blomber
Hau en
LeMair
Petersen
Zieska
YES
X
X
X
X
X
NO
{Seal}
City Manager,
City of Prior Lake
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