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Home My WebLink About9A - Zoning Ord. Amendment MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT DECEMBER 5, 2005 9A JANE KANSIER, PLANNING DIRECTOR CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 1102.1403 OF THE ZONING ORDINANCE TO ALLOW MOTOR VEHICLE SERVICE AND REPAIR AND AUTO BODY REPAIR USES IN THE C-5 DISTRICT Introduction On August 1, 2005, Joe Bendzick addressed the City Council regarding the use of a building in the C-5 district for his business, Pro Service Outdoor Power Equipment, and for automotive repair and maintenance. Mr. Bendzick has since clarified that he needs no outdoor display of his lawn care equipment. He asked for clarification from the Council of whether retail and motor vehicle repair would be allowed in the C-5 district. These uses are not presently permitted within the C-5 district. The City Council directed staff to bring back a report on the implications of changing the ordinance to allow such uses in the C-5 district. The staff reported on this matter to the City Council on October 3 and October 17th. The Council then initiated the proposed amendment to the ordinance and directed staff to schedule the appropriate public hearings before the Planning Commission. The Planning Commission conducted a public hearing on this item on November 14, 2005, and recommended approval of the amendment. Historv The intent of the 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 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 www.cityofpriorlake.com ;Phdh~952.44g:42;3UYyUFit~952.44 7.4245 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 selVice, 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 of the uses currently permitted in the C-5 district include: ~ Offices ~ Manufacturing/Processing ~ 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) Current Circumstances The current proposal 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. Auto Body/Painting is defined as '~ 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 1-1 district. The proposed amendment allows these uses subject to a conditional use permit. The conditional use permit process guarantees design review by the Planning Commission and allows for public review. This allows the Planning Commission a bit more latitude in the design of the use. In order to minimize the impacts of these uses and to preserve the intent of the C-5 district, the staff is also suggesting some specific conditions be imposed on the proposed uses. These conditions, listed below, are intended aimed at reducing visual, noise and air quality impacts by limiting outdoor storage and requiring specific permits. They are: 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 (Le.: VOC/air emissions, hazardous substance disposal) must be obtained and adhered to. Motor Vehicle Service and Repair: 1) 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 (Le.: VOC/air emissions, hazardous substance disposal) must be obtained and adhered to. The specific language of this amendment is included within the attached ordinance. ISSUES: Section 1108.600 of the Zoning Ordinance states that recommendations of the Planning Commission and final determinations of the City Council shall be supported by findings addressing the relationship of the proposed amendment to the following policies: 1. There is a public need for the amendment. There is a public need for the amendment. The proposed amendment would provide opportunities for new businesses within the C-5 district. 2. The amendment will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan, or other adopted plans or policies of the City. Objectives and policies of the Comprehensive Plan include: . Determine and strive for a balance of commerce, industry and population; . Encourage a diversified economic base and a broad range of employment opportunities; . Promote sound land use; and . Maintain high standards in the promotion and development of commerce and industry. The proposed amendment strives to accomplish the objectives and policies of the Comprehensive Plan by providing more opportunities for new development in the C-5 district. The proposed conditions will minimize the potential impact of the proposed uses. 3. The adoption of the amendment is consistent with State and/or Federal requirements. This amendment is consistent with federal and state laws. ALTERNATIVES: The City Council has the following alternatives. 1. Adopt the ordinance amendment as proposed. 2. Deny the proposed amendment on the basis it is inconsistent with the intent and purposes of the Comprehensive Plan and the Zoning Ordinance. 3. Provide staff with additional direction for further research or information. The staff and the Planning Commission recommend Alternative #1. RECOMMENDED MOTION: A motion and second to adopt an ordinance amending Section 1102.1403 of the Zoning Ordinance to allow Auto Body/Painting and Motor Vehicle Service and Repair uses as Conditional Use Permits in the C-5 District. 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 05- XX AN ORDINANCE AMENDING SECTION 1102.1403 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1102.1403 of the Prior Lake City Code is hereby amended to add the following: (7) Auto Body/Paintinq: a. b. c. d. e. f. (8) a. b. c. d. e. f. g. h. No sales storaqe or display of used automobiles shall be permitted. No inoperable vehicles shall be stored outside the primary structure. All auto body repair and paintina must be conducted within the primary structure. All desiqn Quidelines must be maintained as determined by subsection 1107.1407. No outdoor storaqe will be permitted. All necessary aovernmental permits (ie: VOC/air emissions. hazardous substance disposal) must be obtained and adhered to. Motor Vehicle Service and Repair: No sound Qenerated on the site by any means includinq a public address system shall be audible from any "R" Use District. All repair. assembly. disassembly. and maintenance of vehicles must be conducted within the primary structure. No test drivinq shall be permitted on any streets in the "R" Use District. No automatic car washes shall be permitted for public use. No outdoor storaqe will be permitted. No sales storaqe or display of used automobiles shall be permitted. No inoperable vehicles shall be stored outside the primary structure. All necessary qovernmental permits (ie: VOC/air emissions. hazardous substance disposal) must be obtained and adhered to. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 5th day of December, 2005. ATTEST: City Manager Mayor Published in the Prior Lake American on the 10th day of December, 2005. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\05 files\05 ordin amend\zoning\c-5 uses\ord 05-xx,doc www.cityofpriorlake.com PAGE 1 Phone 952,447.4230 / Fax 952,447,4245