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Home My WebLink About9B Motor Vehicle Sales Report4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: MAY 8, 2017 AGENDA #: 9B PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST PRESENTED BY: CASEY MCCABE AGENDA ITEM: CONSIDER AMENDMENTS TO SUBSECTION 1102.1403, USES PERMITTED WITH CONDITIONAL USE PERMIT, OF THE PRIOR LAKE ZONING ORDI- NANCE TO ALLOW MOTOR VEHICLE SALES AS A USE PERMITTED WITH CONDITIONAL USE PERMIT IN THE I-1, GENERAL INDUSTRIAL USE DIS- TRICT DISCUSSION: Introduction The purpose of this agenda item is to consider amendments to Subsection 1102.1403, Uses Permitted with Conditional Use Permit, of the City of Prior Lake Zoning Ordinance to allow Motor Vehicle Sales as a Use Permitted with Condi- tional Use Permit (CUP) in the I-1, General Industrial Use District. History The applicant, Universal Motors, operates a business at 16720 Welcome Avenue SE in a building that was constructed in 2015. When the building was proposed, the applicant planned to operate an auto body and motor vehicle service and repair business, which is permitted with conditions in the I-1, General Industrial use district. The applicant did anticipate a small amount of ancillary online motor vehicle sales but does not ‘display’ the vehicles on the property. The motor ve- hicle sales portion of the business has grown and the applicant would like to ex- pand. The Prior Lake Zoning Ordinance defines Motor Vehicle Sales as, ‘Display, sale and rental of automobiles, trucks, watercraft and recreational vehicles; motor ve- hicle service and repair often occur in conjunction with this use. Characteristics may include outdoor activity, outdoor sound systems, truck deliveries, night and weekend operating hours, and test driving on nearby streets.’ Current Circumstances Universal Motors has requested approval of an ordinance amendment to allow Motor Vehicle Sales as a CUP to ensure their operations comply with the City of Prior Lake Zoning Ordinance. Provided the City Council approves the ordinance amendment, the applicant would then request Planning Commission approval of a CUP for Motor Vehicle Sales in the I-1, Use District prior to expanding their operations with the addition of a second building and expansion onto a neighbor- ing lot. City staff has proposed the following minimum conditions for Motor Vehicle Sales in the I-1 Use District. If approved, no Motor Vehicle Sales would be permitted in the I-1 use district except by Conditional Use Permit. In addition to the minimum conditions below, the use shall comply with the requirements of all the general conditions provided in Subsections 1108.202 (Standards for Conditional Uses), 2 with the Industrial Performance Standards in Subsection 1102.1500, with the General Performance Standards in Section 1107, and with any other conditions the Planning Commission may impose that are intended to promote the health, safety, and welfare of the residents within the City to maintain the characteristics of a neighborhood. Motor Vehicle Sales. Conditions: [Proposed] a.All outdoor sales or rental lots shall be operated in conjunction with a building or buildings. b.The building and the sales or rental lot shall be on one contiguous site. c.All vehicles shall be located on hard surfaces in accordance with Section 1107. The hard surfaces shall meet the landscaping and design require- ments of Subsection 1107.200. d.String lighting is prohibited. e.No outdoor public address system shall be audible from any parcel lo- cated in an “R” Use District. f.No display or storage of motor vehicles shall be permitted on any pub- lic right-of-way. g.Test driving shall be in accordance with all applicable federal, state and lo- cal laws and regulations. Conclusion Approval of the proposed amendment would add Motor Vehicle Sales as a Use Permitted with Conditional Use Permit in the I-1, General Industrial Use District. Subsection 1108.600 (Policy for Amendments) of the Zoning Ordinance states, recommendations of the Planning Commission and final determinations of the City Council shall be supported by findings addressing the relationship of the pro- posed amendment to the following policies: In the case of amendments to the formal text of this Ordinance: ➢There is a public need for the amendment, or ➢The amendment will accomplish one or more of the purposes of this Ordi- nance, the Comprehensive Plan or other adopted plans or policies of the City, or ➢The adoption of the amendment is consistent with State and/or federal re- quirements. In city staff’s opinion, the proposed ordinance amendment will help accomplish the following Findings and Purpose of the Zoning Ordinance: i.Protect the residential, business, industrial and public areas of the com- munity and maintain their stability. ii.Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas. iii.Provide for compatibility of different land uses by segregating, controlling and regulating unavoidable nuisance producing uses. iv.Maintain a tax base necessary to promote the economic welfare of the City by insuring optimum values for property in the City. 3 v.Establish a continuing system of review of this Ordinance to insure it will be amended to meet changing needs of the community and advances in science and technology. If the proposed ordinance amendment is approved by the City Council, staff an- ticipates the applicant will request Planning Commission approval of a CUP to allow Motor Vehicle Sales in the I-1 Use District later this summer. ISSUES: The applicant’s business differs from a traditional auto dealership in that most sales are conducted online and a limited number of customers visit the property to view the vehicles. Motor Vehicle Sales is currently only permitted in the C-2, General Business Use District by Conditional Use Permit. City staff has received another inquiry from a local resident who has interest in operating a small-scale motor vehicle repair and sale business in the I-1, General Industrial use district. The Planning Commission reviewed and discussed the proposed amendment following a public hearing on May 1,2017 and recommend the City Council ap- prove the amendment as proposed. ALTERNATIVES: 1.Motion and a second to approve the amendments to Subsection 1102.1403 of the Zoning Ordinance, as proposed or as may be further amended by the City Council. 2.Motion and a second to deny the proposed amendments to Subsection 1102.1403 of the Zoning Ordinance. 3.Motion and a second to table discussion of the item to a future meeting date and provide staff with direction. RECOMMENDED MOTIONS: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 117-______ AN ORDINANCE AMENDING SUBSECTION 1102.1403, USES PERMITTED WITH CONDITIONAL USE PERMIT, OF THE PRIOR LAKE ZONING ORDINANCE TO ALLOW MOTOR VEHICLE SALES AS A USE PERMITTED WITH CONDITIONAL USE PERMIT IN THE I-1, GENERAL INDUSTRIAL USE DISTRICT AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS: 1.City of Prior Lake Zoning Ordinance Subsection 1102.1403, Uses Permitted with Conditional Use Permit of the Prior Lake City Code is hereby amended by inserting the following: (14)Motor Vehicle Sales. In addition to the findings required under Section 1108.202, the Planning Commission shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of Section 1108. Such conditions include, but are not limited to, the following: a.All outdoor sales or rental lots shall be operated in conjunction with a building or buildings. b.The building and the sales or rental lot shall be on one contiguous site. c.All vehicles shall be located on hard surfaces in accordance with Section 1107. The hard surfaces shall meet the landscaping and design requirements of Subsection 1107.200. d.String lighting is prohibited. e.No outdoor public address system shall be audible from any parcel located in an “R” Use District. f.No display or storage of motor vehicles shall be permitted on any public right-of-way. g.Test driving shall be in accordance with all applicable federal, state and local laws and regulations. 2.City Code Section 104 entitled “General Penalty” is hereby adopted in its entirety, by reference, as though repeated verbatim herein. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 8th day of May, 2017. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kirt Briggs, Mayor This Ordinance to be published in the Prior Lake American on the 13th day of May, 2017.