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HomeMy WebLinkAbout4A 02.12.24 4719 Park Nicollet Ave CUP PC report Full 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: February 12, 2024 AGENDA #: 4A PREPARED BY: Paul Moretto, Planner PRESENTED BY: PUBLIC HEARING: Paul Moretto Yes AGENDA ITEM: Consider a request for a Conditional Use Permit to allow for a Motor Vehi- cle Sales use at 4719 Park Nicollet Ave. DISCUSSION: Introduction The property owner VCB Properties, LLC and applicant Tradition Equipment Leasing, LLC are requesting a Conditional Use Permit (CUP) to allow for Motor Vehicle Sales at 4719 Park Nicollet Avenue SE. The subject property is located near the intersection of Park Nicollet Avenue SE and Franklin Trail SE (PID 254560010). Background The CUP request is for Motor Vehicle Sales in the C-2, General Business, dis- trict. This use requires conditions provided in Subsection 1122.300, Motor Vehi- cle Sales. In addition to the required conditions, the applicant has agreed to an additional condition that no vehicles will be displayed for sale on-site. The pur- pose of this CUP is for office and transaction space. Prior Lake City Code requires a CUP for Motor Vehicle Sales in the C-2 district. City Code 1122.300 provided conditions for Motor Vehicle Sales use which will be reviewed in the Conditional Use Permit (CUP) Analysis section. Current Circumstances The applicant, Tradition Equipment Leasing, LLC, has applied for a CUP to op- erate a Motor Vehicle Sales business at 4719 Park Nicollet Avenue Southeast with the additional condition that no vehicles will be displayed for sale on-site. PHYSICAL SITE CHARACTERISTICS: Total Site Area: The site is approximately 1.841 acres and is a fully developed lot. No new additions or expansions are requested. Building and Site Conditions: The existing structure is a two-story office build- ing. The first floor is 10,167 square feet and the second story is 11,082 square feet. The total floor area is 21,249 square feet. There are currently 84 parking spaces and a drive-thru. Generally, the building is occupied by Banking/Financial Services. This use requires 1 parking space per 250 square feet of gross floor area or 21,249/250 = 85 parking spaces. 2 The requirement of parking for motor vehicle sales is: (6) parking spaces plus (1) space for every 500 square feet of gross floor area. Based on these requirements, the addition of office space for vehicle transac- tions is accommodatable on this property but the display of vehicles on site is not. Staff recommends the condition that no vehicles will be displayed for sale on-site. Access: Access to the site is via Park Nicollet Avenue Southeast. 2040 Comprehensive Plan Designation: This property is designated Re- tail/General Business use on the 2040 Comprehensive Plan Land Use Map. Zoning: The site is zoned C-2, General Commercial. Land Use: Motor Vehicle Sales means the display, sale and rental of motor ve- hicles, watercraft, and recreational vehicles; motor vehicle service and repair of- ten occur in conjunction with this use. Characteristics may include outdoor activ- ity, outdoor sound systems, truck deliveries, night and weekend operating hours, and test driving on nearby streets. ISSUES: CONDITIONAL USE PERMIT (CUP) ANALYSIS: Section 1151.200 of the City Code sets forth the criteria for approval of a CUP. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. One goal of the 2040 Comprehensive Plan is to “maintain and promote safe, sound, and connected land use.” The purpose of this review of the Conditional Use Permit is to ensure that requested use is compatible with the planned use. An office space to conduct Motor Vehicle Sales transactions and office activities is similar to existing operations. The additional condition that no vehicles will be displayed for sale on site will limit any impact of this conditional use. (2) The use will not be detrimental to the health, safety, morals, and general welfare of the community as a whole. Based on staff review, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The con- ditions of the approving resolution are intended to ensure ongoing pro- tection of the community. (3) The use is consistent with the intent and purpose of the Zoning Code and the Use District in which the Conditional Use is located. The conditions set forth in the Zoning Code will be met with the issuance of the Conditional Use Permit. (4) The use will not have undue adverse impacts on governmental fa- cilities, services, or improvements which are either existing or proposed. The use will not have adverse impacts on governmental facilities. 3 (5) The use will not have undue adverse impacts on the use and en- joyment of properties in close proximity to the conditional use. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity as long as all conditions of approval are adhered to. (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a pro- fessional landscape architect, or civil engineer registered in the State of Minnesota. The site is fully developed and no additional development is proposed. (7) 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. No development that would impact utilities are proposed. (8) The use is subject to such other additional conditions which the Planning Commission 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 1151.204. 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. Additional conditions to ensure the protection of the general health, safety and welfare of the public are included as part of the CUP Resolution. Specific Conditions Related to Motor Vehicle Sales: (1) All vehicles stored on the premises shall be insured and operable. No vehicles will be displayed for sale on site. (2) All outdoor lots for sales or rental shall be operated in conjunction with a building or buildings containing the same or similar materials as displayed on the outdoor lot. No vehicles will be displayed for sale on site. (3) The building and the lot for sale or rental shall be on one contiguous property. No vehicles will be displayed for sale on site. 4 (4) All vehicles shall be located on hard surfaces at all times. The hard surfaces shall meet all of the landscaping and design requirements of the City Code for off-street parking. No vehicles will be displayed for sale on site. (5) No outdoor public address system shall be audible from any parcel located in a residential Zoning District. No address system proposed. (6) All customer and employee parking shall be clearly designated and signed. Existing office building with signage. (7) No motor vehicle transport loading or unloading shall be permitted on any minor residential street. No vehicles will be displayed for sale on site. (8) No display or storage of motor vehicles shall be permitted on any public right-of-way. No vehicles will be displayed for sale on site. (9) All parking, sales, rental, and storage lots shall be located a minimum of 100 feet from any property line in a residential Zoning District. No vehicles will be displayed for sale on site. (10) Test driving shall be in accordance with all applicable federal, state and local laws and regulations. No vehicles will be displayed for sale on site. In addition to the required conditions for Motor Vehicle Sales, staff is recommending a condition that no vehicles will be displayed for sale on site. Conclusion The property owner and applicant desire to conduct activities related to motor vehicle sales that do not require the display of vehicles on site. The activities would closely resemble that of current activities such as retail banking, insurance, and realty firms. Based on the fact that no vehicles will be displayed for sale on the property, several of the conditions identified in Subsection 1122.300 do not apply. City Staff recommends approval of the CUP with the following conditions: 1. No display or storage of motor vehicles on site. 2. No motor vehicle transport loading or unloading shall be permitted on any minor residential street. 3. No display or storage of motor vehicles shall be permitted on any public right- of-way. 4. Test driving shall be in accordance with all applicable federal, state and local laws and regulations. 5 ALTERNATIVES: 1. Motion and a second to approve a Conditional Use Permit to allow Motor Vehicle Sales at 4719 Park Nicollet Avenue Southeast subject to the listed conditions. 2. Motion and a second to deny the request based on specific findings of fact. 3. Provide direction to staff and continue discussion at a future meeting. RECOMMENDED MOTION: Alternative #1 EXHIBITS: 1. Resolution 2. Location Map 3. Applicant Narrative 4. City of Prior Lake Memorandum 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 24-01PC A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE SALES IN THE C-2, GENERAL BUSINESS AT 4719 PARK NICOLLET AVENUE SE Motion By: Second By: WHEREAS, The Prior Lake Planning Commission conducted a public hearing on February 12, 2024, to consider a request from Tradition Equipment Leasing, LLC to approve a Conditional Use Permit (CUP) to allow Motor Vehicle Sales in the C-2, General Business Use District at the following property: Lot 1, Block 1, Village Commerce Addition, Scott County, Minnesota (PID 254560010); and WHEREAS, Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, 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; and WHEREAS, The Planning Commission 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 Subsection 1110.500, 1151.100, and 1151.200 of the Prior Lake Zoning Ordinance. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION, ACTING AS THE BOARD OF ADJUSTMENT, OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Planning Commission hereby adopts the following findings: a) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. One goal of the 2040 Comprehensive Plan is to “maintain and promote safe, sound, and connected land use.” The purpose of this review of the Conditional Use Permit is to ensure that requested use is compatible with the planned use. An office space to conduct Motor Vehicle Sales transactions and office activities is similar to existing operations. The additional condition that no vehicles will be displayed for sale on site will limit any impact of this conditional use. b) The use will not be detrimental to the health, safety, morals, and general welfare of the community as a whole. 2 Based on staff review, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The conditions of the approving resolution are intended to ensure ongoing protection of the community. 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. The conditions set forth in the Zoning Ordinance will be met with the issuance of the Conditional Use Permit. d) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The use will not have adverse impacts on governmental 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 use will not have undue adverse impacts on the use and enjoyment of properties in close proximity as long as all conditions of approval are adhered to. 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 Planning Commission and incorporated as part of the conditions imposed on the use by the Planning Commission. The site is fully developed, and no additional development is proposed. 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 Planning Commission. No development that would impact utilities are proposed. h) The use is subject to such other additional conditions which the Planning Commission 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 1151.202. In these circumstances, the Planning Commission 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 Planning Commission. Additional conditions to ensure the protection of the general health, safety and welfare of the public are included as part of the CUP Resolution. 3. The CUP is hereby approved for a Motor Vehicle Sales Land Use, subject to the following conditions: 1. No display or storage of motor vehicles on site. 2. No motor vehicle transport loading or unloading shall be permitted on any minor residential street. 3 3. No display or storage of motor vehicles shall be permitted on any public right-of-way. 4. Test driving shall be in accordance with all applicable federal, state and local laws and regulations. PASSED AND ADOPTED THIS 12TH DAY OF FEBRUARY 2024. __________ Jason Tschetter, Commission Chair ATTEST: Casey McCabe, Community Development Director VOTE Kallberg Johnson Tschetter Tennison Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐