The URL can be used to link to this page

Home My WebLink About9C - C-5 Zoning Dist. Uses 16200 Eagle Creek Avenue S.E, Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT OCTOBER 17, 2005 9C DANETTE MOORE, PLANNING COORDINATOR CONSIDER APPROVAL OF A REPORT REGARDING PERMITTED USES FOR THE C-5 ZONING DISTRICT. Introduction At the August 1,2005 public forum, Joe Bendzick addressed the City Council regarding whether motor vehicle service and repair and auto body repair uses should be allowed in the C-5 (Business Office Park) district. In response to Mr. Bendzick's inquiry, the City Council discussed the nature of the C-5 district at their October 3,2005 meeting. The discussion included the following questions: . Would motor vehicle service and repair and auto body repair uses be compatible in the C-5 district? . Do motor vehicle service and repair and auto body repair uses raise regulatory concerns (hazardous emissions, hazardous substances, etc.)? . How would the inclusion of motor vehicle service and repair and auto body repair impact existing C-5 businesses? . Are there currently existing C-5 district uses that share similar characteristics to those of motor vehicle service and repair and auto body repair uses? . Would the inclusion of motor vehicle service and repair and auto body repair degrade the design standards that are currently characteristic of the C-5 district? Current Circumstances The intent ofthe C-5 (Business Office Park) district is to "promote high standards of design and construction for business park uses in the City. These standards are set forth in order to enhance the visual appearance of each "C-5" Business Park Use District within the City, to preserve the taxable value of property and to promote the public health, safety and welfare, " According to the 2020 Comprehensive Plan, the Commercial Business Office Park (C-BO) designation is "characterized by high-amenity planned developments which have a low traffic generation rate and a site utilization that is compatible with natural features. Primary uses are corporate headquarters; and professional and administrative offices; and limited research, development and manufacturing facilities. Related secondary uses such as restaurants where food is ordered and consumed on the premises, hotels, and other businesses having www.cityofpriorlake.com U05 FILES\05 OROIN AMEND\Zolllr1f'ff6~~'9'S~,~~?42:m110FJf[i)52,44 7.4245 limited contact with the general public and no retail sale of products could be allowed as conditional uses, Office parks, often formed as Planned Unit Developments, can serve small professional services in a group setting whereas such uses might otherwise be located in retail centers or in scattered freestanding buildings. The high design standards should ensure compatibility with high density housing and the potential for shared parking, open space, convenient housing and service, and reduction of traffic generation onto public streets. Retailing should be allowed only as an accessory use when it is clearly incidental to the primary use, " In essence, the general idea of this designation was to allow an area in the City where high amenity facilities, including corporate offices, research and development facilities, and the like, could be located. Other uses, such as retail and food service, would be limited to those uses which would serve the employees of the businesses within this district. Some ofthe uses currently permitted in the C-5 district include: ~ Offices ~ ManufacturinglProcessing ~ Warehouse/Storage ~ Business Services ~ Blueprint, Photostat and Printing Shops ~ Research and Testing Laboratories ~ Hotels/Motels Uses permitted with a conditional use permit include: ~ Storage or parking of vehicles ~ Outdoor Storage ~ Retail Sales or Services to the Public (provided the use occupies no more than 2,000 square feet) The request by Mr. Bendzick would expand the permitted uses in the C-5 to include Motor Vehicle Service and Repair and Auto Body/Painting. The Zoning Ordinance defines Motor Vehicle Service and Repair as "Repair, lubrication, washing, detailing, equipment installation, engine overhauls, and other similar uses involving automobiles, trucks and recreational vehicles. Characteristics may include the storage of vehicles, truck traffic, night and weekend operating hours; motor fuel stations and auto body/painting are excluded." This use is allowed with a conditional use permit in the C-4 district, and as a use permitted with conditions in the 1-1 district. U05 FILES\05 ORDIN AMEND\Zoning\c-5 US8S\CC 10-1 ? -05DOC Auto Body/Painting is defined as "A facility for painting, straightening, replacing and repairing the frame and body parts of motor vehicles usually damaged as result of an accident or as a result of exposure to the elements; it includes the outdoor storage of damaged and dismantled vehicles, and may generate odor and noise; this use excludes junkyards and automobile wrecking yards." This use is permitted with conditions in the I-I district. ISSUES: At the October 3, 2005 meeting, the Council directed staffto consider options for amending the C-5 district to include motor vehicle service and repair and auto body repair uses. Since that time, staff has further evaluated the following areas: Similarities to C-5 Uses As was discussed at the October 3rd meeting, one of the characteristics of the C-5 Zoning District is that the current establishments tend to be oriented toward more intensive interior uses. The nature of the C-5 district lends itself to this by limiting retail components to no more than 2,000 square feet. Ifpermitted, all motor vehicle service and repair and auto body repair establishments would be prohibited from outdoor storage or display as well. If found appropriate, motor vehicle service and repair and auto body repair uses could be permitted by a conditional use permit so as to provide continuity with the current uses within the C-5 district and address issues which may be attendant with specific proposals. Reeulation of Use The motor vehicle service and repair and auto body repair industry continues to evolve and undergo change due to improved technology. Enhanced facilities and diagnostic capabilities have largely changed the nature of commonly associated negative impacts of motor vehicle service uses seen in the past (ie: excessive fumes, noise, and runoff). In addition, governmental regulations have helped the industry to limit its impacts on the surrounding environment. In the case of airborne emissions often associated with auto body painting/paint booths, the Minnesota Pollution Control Agency regulates any use that has the potential to emit 100 tons of VOC's (Volatile Organic Compounds) in a 24 hourl7 day week period. Any use that will exceed the 100 ton minimum is required to obtain an operating permit. Byproducts (oil, paint, solvents, etc.) that are created as a result of a motor vehicle repair and auto body repair uses are regulated by Scott County. In the case of moderately sized establishments, Scott County issues a VSQG Permit (Very Small Quantity Generator Permit) to provide guidelines to assure that all substances with the potential of being hazardous are disposed of properly. L\OS FILES\05 ORDIN J\MEND\Zonlng\c-S uses\cc 10~1?~05,D()C 1",,:\05 FILES\05 ORDIN Impacts to Existine Uses The C-5 district has specific design standards that City staff believes will uphold the integrity of the district. However, due to the considerable economic investments made by C-5 property owners to adhere to design standards, a public hearing would provide an opportunity for input related to amending the current C-5 uses. If the City Council believes it would be appropriate to amend the C-5 district to allow motor vehicle service and repair and auto body repair, staff believes it may be warranted to allow the use as permitted with a conditional use permit, and to require the following conditions: Auto Body/Painting: 1) No sales storage or display of used automobiles shall be permitted. 2) No inoperable vehicles shall be stored outside the primary structure. 3) All auto body repair and painting must be conducted within the primary structure. 4) All design guidelines must be maintained as determined by subsection 1107.1407. 5) No outdoor storage will be permitted. 6) All necessary governmental permits (ie: VOC/air emissions, hazardous substance disposal) must be obtained and adhered to. Motor Vehicle Service and Repair: I) No sound generated on the site by any means including a public address system shall be audible from any "R" Use District. 2) All repair, assembly, disassembly, and maintenance of vehicles must be conducted within the primary structure. 3) No test driving shall be permitted on any streets in the "R" Use District. 4) No automatic car washes shall be permitted for public use. 5) No outdoor storage will be permitted. 6) No sales storage or display of used automobiles shall be permitted. 7) No inoperable vehicles shall be stored outside the primary structure. 8) All necessary governmental permits (ie: VOC/air emissions, hazardous substance disposal) must be obtained and adhered to. The necessity of a conditional use permit would provide the Planning Commission (City Council in cases of appeals) an opportunity to apply additional conditions, as warranted, to ensure that possible negative impacts of the uses are mitigated. A change to the C-5 district is a matter of policy. In reviewing this report, the City Council should consider the following questions: US8S\CC 1) What is the City Council's vision for development in the C-5 district? 2) Would motor vehicle service and repair and auto body repair uses be compatible in the C-5 district? 3) Ifpermitted in the C-5 district, what conditions should be applied to safeguard the integrity ofthe C-5 district? ALTERNATIVES: The City Council has the following alternatives. 1. Initiate a specific amendment to the Zoning Ordinance and direct staff to schedule a public hearing before the Planning Commission for review of the amendment. 2. Provide staff with additional direction for further research or information. 3. Take no action. RECOMMENDED As directed by the City Council. MOTION: L:\05 F!LES\05 GRO!N USBS\CC 1 0-17 ~05,D{)C