HomeMy WebLinkAbout5C - EP 06-169 & 170 Tractor Supply Co.
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
I AGENDA ITEM:
SUBJECT:
I SITE ADDRESS:
I PREPARED BY:
1 PUBLIC HEARING:
I DATE:
I CASE FILE:
INTRODUCTION
PLANNING REPORT
~ i
CONSIDER A VARIANCE FROM THE FRONT SETBACK
FOR THE CONSTRUCTION OF AN OUTDOOR DISPLAY
AREA IN THE C-4 (GENERAL BUSINESS) ZONING
DISTRICT
116907 HIGHWAY 13 S
I JEFF MATZKE, PLANNER
I X YES NO-N/A
I SEPTEMBER 11, 2006
I 06-169
Tractor Supply Company is requesting a variance to construct an outdoor display area
for a proposed business located at 16907 Highway 13 S. In order to construct the
outdoor display area shown on the attached plans, the following variance is required:
· A 50 foot variance from the 50 foot front yard setback required in the C-4
district (Section 1102.1205).
BACKGROUND
The property is zoned C-4 (General Business) and SO (Shoreland Overlay District), and
is guided C-CC (Community Retail Shopping) on the 2020 Comprehensive Plan Land
Use Map. A 37,500 square foot vacant building currently occupies the lot.
DISCUSSION
The applicant proposes to utilizes the existing 37,500 building for a Tractor Supply
Company retail store as well as increase the existing 13,000 square foot parking area on
the east side of the site to 16,070 square feet for the addition of a fenced outdoor display
area. The total lot area is 207,800 square feet. The existing impervious surface area is
158,689 square feet (76.4% impervious surface coverage). The applicant has proposed
to install parking separation islands within the existing parking lot on the north side of the
lot. The addition of these green space areas along with the additional impervious
surface proposed for the outdoor display area will reduce the overall impervious surface
area on the property to 158,056 square feet (76.0% impervious surface).
The applicant proposes to place a ten foot aluminum fence around the exterior of the
outdoor display area with locking gates at the north and southwest entrances to the
area. As detailed in the attached photographs, the fencing is proposed to have a mesh
screen attached to it. While this fencing will provide security and some visual screening,
1:\06 files\06 variances\tractor supply\pcreport.~. cityofpriorlake. com
Phone 952.440.9675 / Fax 952.440.9678
staff is concerned with the screening of noise and vision related to the surrounding
properties and public right-of-way and believes a solid fence is a better option in this
case. The applicant also proposes to increase the level of landscaping on the site
particularly on the southwestern corner of the property so as to increase screening for
the nearby residential properties.
ANALYSIS
Variance Hardship Findings
Section 1108.400 states that the Board of Adjustment may grant a variance from the
strict application of the provisions of the Zoning Ordinance, provided that:
1. Where by reason of narrowness, shallowness, or shape of a lot, or where by
reason of exceptional topographical or water conditions or other extraordinary
and exceptional conditions of such lot, the strict application of the terms of
this Ordinance would result in peculiar and practical difficulties or exceptional
or undue hardship upon the owner of such lot in developing or using such lot
in a manner customary and legally permissible within the Use District in which
said lot is located.
To utilize the existing configuration of the lot with its current nonconforming features
(building and paved areas) a variance appears warranted. The requested rear
setback variance is from an area of right-of-way that is uncommonly large in width.
The total setback of 65 feet from the curb of Village Lake Drive to the proposed
outdoor display area is greater than the typical minimum setback of 60 feet for C-4
properties in the area.
2. Conditions applying to the structure or land In question are peculiar to the
property or immediately adjoining property, and do not apply, generally, to
other land or structures in the Use District in which the land is located.
The large area of right-of-way that resulted along the southeastern corner of the
property is unique to this situation. Generally the right-of-way for a local street such
as this is 10-15 feet in width of green space from the curb. In this case the green
space width is 65 feet. Therefore staff believes that in this case the variance for a
reduced setback from the right-of-way line is warranted.
3. The granting of the proposed variance is necessary for the preservation and
enjoyment of a substantial property right of the owner.
The granting of the variances is necessary for the preservation and enjoyment of a
reasonable use of the property. The proposed utilization of the existing
nonconforming building and paved areas as well as the remaining area of right-of-
way of the recently relocated Village Lake Drive may create hardships for the
property owner.
4. The granting of the proposed variance will not Impair an adequate supply of
light and air to the adjacent property, unreasonably increase the congestion in
the public streets, increase the danger of fire, or endanger the public safety.
1:\06 files\06 variances\tractor supply\pcreport.doc
2
Staff believes that due to the residential properties located immediately to the rear of
the proposed Tractor Supply Company deliveries should be limited to store hours as
a condition of approval. This will maintain a decreased amount of delivery truck
traffic during off peak hours. Granting of the variance will not impair an adequate
supply of light and air to adjacent property or negatively impact public safety.
5. The granting of the variance will not unreasonably impact on the character and
development of the neighborhood, unreasonably diminish or impair
established property values in the surrounding area, or in any other way impair
the health, safety, and comfort of the area.
The granting of the variances will not impact the character and development of the
area. The fenced outdoor display will remain a distance of 65 feet from Village lake
Drive; a distance similar to other C-4 businesses which meet then front yard setback
requirement.
6. The granting of the proposed variance will not be contrary to the intent of this
Ordinance and the Comprehensive Plan.
The purpose of the Zoning Ordinance is to "prevent overcrowding of land and undue
concentration of structures and population by regulating the use of land and
buildings and the bulk of buildings in relation to the land surrounding them." This
purpose is implemented through required minimum setbacks. In this case the
outdoor display area will remain the minimum distance from the local street curb as
the typical front yard setback distance of buildings in the C-4 zoning distance. In
addition, to maintain a buffer that is consistent with the zoning ordinance staff
recommends the replacement of the three Austrian Pine trees located at the
southeastern corner of the property which are proposed for removal. Also, to
maintain a consistent noise and visual screen around the outdoor display area staff
recommends a board-on-board or other type of solid fence along the southern and
eastern boundaries of that area. Staff believes that with these additional conditions
the proposed variance will not be contrary to the intent of the Ordinance and
Comprehensive Plan
7. The granting of the variance will not merely serve as a convenience to the
applicant but is necessary to alleviate a demonstrable undue hardship or
difficulty.
Granting the variance will not merely serve as a convenience to the applicant, but
rather is necessary to alleviate an undue hardship due to the existing conditions of
the lot's existing conditions and realignment of the nearby street. The applicant
proposes utilization of the existing hard surface areas. Also the lot was not
reconfigured when Village lake Drive was realigned and an uncommonly large width
of right-of-way resulted along the southwest corner of the lot.
8. The hardship results from the application of the provisions of this Ordinance
to the affected property and does not result from actions of the owners of the
property.
1:\06 files\06 variances\tractor supply\pcreport.doc
3
The hardship results from the setback imposed despite the realignment of Village
Lake Drive further to the south, away from the property line of the site. The site also
has limited capabilities with the redevelopment of the site, and actual usage of the
existing building and paved areas appears to be one of the only ways for the
property owner to obtain reasonable use of the property.
9. Increased development or construction costs or economic hardship alone
shall not be grounds for granting a variance.
Staff does not believe that increased development or construction costs or economic
hardship are the basis of this request.
CONCLUSION
In conclusion, the applicant is utilizing the existing building and parking areas as well as
decreasing the impervious surface on the lot. Due to the relocation of the Village Lake
Drive (formerly 170th Street) on the south side of the property an increased area of right-
of-way exists adjacent to the proposed fenced outdoor display area. In this case the
increased amount of right-of-way width results in a 65 foot setback from the local street
curb to the fenced outdoor display area. The typical setback in the area from a local
street curb to a structure is a minimum of 60 feet (10 feet of right-of-way and 50 feet of
building setback to the right-of-way line). Therefore the distance from the Village Lake
Drive curb to the outdoor display area is greater than the typical setback distance of curb
to structures in the C-4 zoning district.
The applicant proposes to place a ten foot aluminum fence around the outdoor display
area. For noise and screening reasons staff advises in a condition of approval that the
fence be a wooden board-on-board or other type of solid fence along the east and south
sides of the outdoor display area. Also, as a condition of approval, staff advises to
minimize traffic and noise impacts for nearby residential properties staff advises
deliveries be limited to store hours to minimize traffic and noise impacts for nearby
residential properties.
Staff recommends this variance for approval with the following conditions:
1. The applicant shall place a board-on-board or other type of solid fence along the
eastern and southern boundaries of the outdoor display area.
2. The applicant shall re-position or replace the three Austrian Pine trees marked
for removal at the southeastern corner of the outdoor display area.
3. All deliveries to the site shall be limited to store hours.
4. This resolution must be recorded at Scott County within 60 days of adoption.
Proof of recording, along with the acknowledged City Assent Form, shall be
submitted to the Planning Department prior to the issuance of a building permit.
5. Site Plan approval is required prior to the issuance of any building permits.
6. The building permit is subject to all other applicable city, county, and state
agency regulations.
1:\06 files\06 variances\tractor supply\pcreport.doc
4
ALTERNATIVES
1. Approve the variance requested by the applicant with the listed conditions, or
approve any variance the Planning Commission deems appropriate in the
circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of demonstrated
hardship under the zoning code criteria.
ACTION REQUIRED
This request requires the following motions:
1. A motion and second adopting Resolution 06-14PC approving the following
variances:
a. A 50 foot variance from the 50 foot front setback required in the C-4 district
(Section 1102.1205).
ATTACHMENTS
1. Location map
2. Site Plans
3. Resolution 06-14PC
1:\06 files\06 variances\tractor supply\pcreport.doc
5
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
RESOLUTION 06.15PC
A RESOLUTION APPROVING A 50' VARIANCE FROM THE REQUIRED 50' FRONT
YARD SETBACK ALONG VILLAGE LAKE DRIVE TO ALLOW FOR THE ADDITION
OF A FENCED OUTDOOR DISPLAY AREA ON A SITE WITHIN THE C-4 ZONING
DISTRICT
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Fendler Patterson Construction, is requesting a variance from the zoning ordinance
for the construction of a fenced outdoor display area on property zoned C-4
(General Business) at the following location, to wit;
Lot 1, Block 1, Radermachers First Addition, according to the recorded plat
thereof, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for the variance as contained
in Case #06-169 and held a hearing thereon on September 11, 2006.
3. The Board of Adjustment has considered the effect of the proposed variances upon
the health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on
property values in the surrounding area and the effect of the proposed variance on
the Comprehensive Plan.
4. To utilize the existing configuration of the lot with its current nonconforming features
(building and paved areas) a variance appears warranted. The requested rear
setback variance is from an area of right-of-way that is uncommonly large in width.
The total setback of 65 feet from the curb of Village Lake Drive to the proposed
outdoor display area is greater than the typical minimum setback of 60 feet for C-4
properties in the area.
5. The large area of right-of-way that resulted along the southeastern corner of the
property is unique to this situation. Generally the right-of-way for a local street such
as this is 10-15 feet in width of green space from the curb. In this case the green
space width is 65 feet. Therefore staff believes that in this case the variance for a
reduced setback from the right-of-way line is warranted.
6. The granting of the variances is necessary for the preservation and enjoyment of a
reasonable use of the property. The proposed utilization of the existing
nonconforming building and paved areas as well as the remaining area of right-of-
1:\06 files\06 variances\tractor supply\variance resolution.doc
www.cityofpriorlake.com
1
Phone 952.440.9675 / Fax 952.440.9678
way of the recently relocated Village lake Drive may create hardships for the
property owner.
7. Staff believes that due to the residential properties located immediately to the rear of
the proposed Tractor Supply Company deliveries should be limited to store hours as
a condition of approval. This will maintain a decreased amount of delivery truck
traffic during off peak hours. Granting of the variance will not impair an adequate
supply of light and air to adjacent property or negatively impact public safety.
8. The granting of the variances will not impact the character and development of the
area. The fenced outdoor display will remain a distance of 65 feet from Village lake
Drive; a distance similar to other C-4 businesses which meet then front yard setback
requirement.
9. The purpose of the Zoning Ordinance is to "prevent overcrowding of land and undue
concentration of structures and population by regulating the use of land and
buildings and the bulk of buildings in relation to the land surrounding them." This
purpose is implemented through required minimum setbacks. In this case the
outdoor display area will remain the minimum distance from the local street curb as
the typical front yard setback distance of buildings in the C-4 zoning distance. In
addition, to maintain a buffer that is consistent with the zoning ordinance staff
recommends the replacement of the three Austrian Pine trees located at the
southeastern corner of the property which are proposed for removal. Also, to
maintain a consistent noise and visual screen around the outdoor display area staff
recommends a board-on-board or other type of solid fence along the southern and
eastern boundaries of that area. Staff believes that with these additional conditions
the proposed variance will not be contrary to the intent of the Ordinance and
Comprehensive Plan.
10. Granting the variance will not merely serve as a convenience to the applicant, but
rather is necessary to alleviate an undue hardship due to the existing conditions of
the lot's existing conditions and realignment of the nearby street. The applicant
proposes utilization of the existing hard surface areas. Also the lot was not
reconfigured when Village lake Drive was realigned and an uncommonly large width
of right-of-way resulted along the southwest corner of the lot.
11. The hardship results from the setback imposed despite the realignment of Village
lake Drive further to the south, away from the property line of the site. The site also
has limited capabilities with the redevelopment of the site, and actual usage of the
existing building and paved areas appears to be one of the only ways for the
property owner to obtain reasonable use of the property.
12. Staff does not believe that increased development or construction costs or economic
hardship are the basis of this request.
13. The contents of Planning Case #06-169 are hereby entered into and made a part of
the public record and the record of decision for this case.
CONCLUSION
1:\06 files\06 variances\tractor supply\variance resolution.doc
2
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following variances to allow for the construction of a 2-story office building and parking:
1. A 50' variance from the required 50' minimum front yard setback in the C-4
Zoning Use District to allow for the addition of a fenced outdoor display area.
The following conditions shall be complied with prior to the issuance of a building permit
for the construction of a detached accessory structure on the subject site:
1. The applicant shall place a board-on-board or other type of solid fence along the
eastern and southern boundaries of the outdoor display area.
2. The applicant shall re-position or replace the three Austrian Pine trees marked for
removal at the southeastern corner of the outdoor display area.
3. All deliveries to the site shall be limited to store hours.
4. This resolution must be recorded at Scott County within 60 days of adoption. Proof
of recording, along with the acknowledged City Assent Form, shall be submitted to
the Planning Department prior to the issuance of a building permit.
5. Site Plan approval is required prior to the issuance of any building permits.
6. The building permit is subject to all other applicable city, county, and state agency
regulations.
Adopted by the Board of Adjustment on this 11th day of September, 2006.
Anthony Stamson, Commission Chair
ATTEST:
Jane Kansier, Planning Director
1:\06 files\06 variances\tractor supply\variance resolution.doc
3
TRACTOR SUPPLY COMPANY VARIANCE & CUP
LOCATION MAP
/ (1YIsl-~~~~v- lliL
I
~c8ae I I
~' I
, /
~=~
~
tm I-~
i ~
tJ) C/J
~
~
J: \
-~ ~
~\~
~~~
~\G~
II
0./
~
I
\
)
N
+
o 185 370
740
Feet
Proposed Tractor Supply Company
Prior Lake, MN
.~. ~/.~ ~ ~,'t;;'':1f.'...
Typical examples of "Sidewalk Display" area;
Typical example of "Outdoor Display" fence and "Trailer Display";
,~~
""'.~r 'f.
';'''.J~.l1U'
."; i !'
./J//lIIMTCJ1 rnd,
DATE: August 25,2006
TO: Danette Moore, Planning Coordinator
FROM: Larry Poppler, Assistant City Engineer
CC: Steve Albrecht, Public Works Director/City
Engineer
RE: Tractor Supply Company
The Engineering Department has reviewed the site plan for the subject project and we
have the following comments:
1. The plans need to show additional detail for the proposed removals and
improvements. Please show sawcut limits, curb removal limits, all utility
lines, turf restoration, etc.
2. It may be tricky to promote drainage around the proposed curb islands.
Please provide additional detail on pavement removal necessary to promote
drainage. Also label tip out gutter locations. Spot elevations and drainage
arrows would also be helpful.
3. Provide details for curb and gutter.
4. Provide typical section for proposed pavement.
L:\06 FILES\06 CUP'S\Tractor Supply Co\eng review 082506.doc
"'4tFllCdw" _llh2nDOl1 04:.,....
~:;
.,
II
I~
~~
".
~~
~.
!~
~
:~~ ~
\' = in,-;;i
,I ~
I ~ ~
=
~._l'~JI
~r.; n--..----
:. ~ i~
~
i'
I
.
- I
!P
lC
~
lnJiJ
C52J
I
I
I
I
I
I
I
I
I
I
I
\
\
\
\
I
I
I
\
\
I
I
I
I
, \"'\
'I
I
I'
I
I
I
I
I
I
I
I,
I
I
I
I
I
I
I
I
I
I
I
I
\
I
I
I
I
I
I
I
I
I
I
I
I
\
'\
\
I
I
,
I
I
I
I
I
I
'.
\
\
I
\
,
\:\
\)~~
~\~~
\.,-).
Ie..
V-
'~~.
~~
;>:'-
\~)
\"
\
\ \
I
,
\
./
..--/
..--/
..--/
~~
;.#
'*" ,/
A~~~' /"
/" ,/"'""
,/""\
,/,/ \
\
\
'-...
"" ,/
,/
"v-\/
\
---...
-
v
I::
Gj.'OL...'\. ""*j~D
. ~
I fi
11111 111111111111 ~!
II ~ I ~~!iU~iid!! il
~ . ~ 'U . ~ ' ~ S
~ ~ I~~ i
i
-""'~
" il
'\ \ Ii
\, .>'~"... ;
",,~~.... ,'"
! ~
. ~
R :
;;
o ~
I I i
: I ~
"i ~ ~
. ~ ~
':".-~.....-
~t\
:!'\ ...~....1I(l
- "
! ~,
, 4\ ...
',,'''''~
....l ',:, "
l "', ,\\\. "\."
.. '\
....
i ~~ ~ !
,----... ~ J R H'II I J
IAt 1. Block 1. ~~-=:- nnt Addition ~':'::::~"I_ ames , I, nc,
,iUW)au..... CW&~&oI&&.!W&~~ ac RBKOVAIS PLAN =:::.::-..... PlAhWERS / ,,~..tUh.:. / SUR~
FClR Wl ~ ...._ ..01................,
Fendler P.tte1'8OD Ccm8truction t/"'fi.hJ __ ::'"..."'::;.':.:"":::=
....-.124tt1....,....,... 5U1I I~"""""""'_ _~1dI b:t~na
~.............._ _ l'I~ ""'."11'"
~ n~
"I
IIi
~h
Lt
A~W'I
~ii~n 0
~i;i~i !
i 1:~~~
~ "2
" ~
; ~
n
~ ~ ~~
.. iii
~ ~ ~~
"
e~
U
I~ a
. ~
~ ~
~B
~~
~~
. ~ i ~m
Iii
~q
. ~ l
~ a q I
,~ n
~ " a a
e ~ a ~
; 8 ~ ~
~ n ~
~ I a I
q a ~ !
n ~ ~
~ ~ d
~ ~
~ ~
~d
~;t 2
n~
l" .t
}~
~~ .~
"'i' t! ~ ..
i: [8~
--l. .
~:~
,I ~~
I ~q g is?)
I ~ G1 -.
\ ~ .... [i;:nJ
\ ... =~,
. ~ 8
a; !JVJ
,
I ~=---='---'~
" ,.
~::! ag
.. a!l ~~
~
i i~ ~ !
. ')
"~>..
')'
-'
~.~
-'
~.
(..
.<
~,~
~0,
~~
~'-
.<
'b
"...J\
",,.~c.~
~\~~..\
lA>t 1. Block 1. Raclermachel'll I'lnIt MdiUcm
..... I.MCL ..clOT"
PAVING Ii: DB....I,:,"......'.. PLAN
""
Fendler Pattel'llOJ1 COlllltrucUon
4131 w.t 1'_ ..... .......... lIU7I
~~_ ~ James R. Hill, Inc.
:; =-= - .,... PlANNERS I ENCINEERS I 9JR\OORS
_L_ ~. ......_ ....k............ am
_(JL~..iJ ::e.::-::rl,-,=-
..............~ ....~ll. "~l1Q
-
'J
3 CS (12' HT.}
JCS
12 CS (I' HT.)
!
2
~
!
<
~
~c
c.:\t---\.....
,\f"\1S:~~~
<<...,'Jt;.....,1..... 'c;,'\\'?
,'l'
t;1J.
,\.:1
10
2 PA
J PA
1 RSC
J sse
8CS
7 OlD
1-'r\T"
, IUlrl
PlANT ~... JC'I'Io'" C'
"""
..JI'
~~
...".,.".~-
~=-
.-
...._--~
--".-~
::.~
,...-,~~
-.. ....~-
:im.._--l...._...n--
........::.;;:;:-
.-.
IlllIEli
1. ~~1U~.fIU.UlIJ1TUICo\_ON~
_1II(........__lTc.oouc_sr..WOlll:CoIU.
(~_1Usr__lUICA_
---..-
. .. --~"L.
-..
--
.5. =-=~1E~~.:aIlA:.fIU.~~
Kl'IlO'\IIllEO..l___C:WllOK-.
&f"IItE:~C(IO__~Nf'rllUlC8lClD..ntt:"-MIT
-.c-. ... --. 011 MfT 0lIUI S1~ CGe_ -.:II_T
_-..,oIfFD::T"-"lIIl...........rsT~.s-.. ~~
~=lO~~""fM[..~tlntt:~
7. =-~===:w~~::"~
~1U~~DUP~_OIl_IIU.QIFUlfClJlGl
&l'LUI1lfICf'I.UO: .fIU.PACI'OSIll~f$SIW.L.UlCA1EDCMEFWTM
__ClIlI1HE~Pl.MTNllS~<<llENlXO'oUll'\NllXltElllUF
::"JiIlIGES" -.nDOlIIl. Sl"UIf1I:A_ rMt ~ MlII
;\.OUf\.fllll.....UIUl.........CIlIOf'I.V.1K1lI[L#l'IDJElll_OFtME:
_STNCINIl_""""'SJOC:Il,AOIiJIeMASIOCJA_flI
....-
...~15~RIII___flIAU._.,
1NST/IIUID...........IIlI.._flI_ACCU'JI!NCLMYAC:JSaf
__OII_-.:II......,_,..fO_ACCD't/lllOCl
.........1II(~Gf"1tI(eQnMClal.
SAFETY SIGHT lRIANQ.E
ROICM: O\OGROWII SHRUBS
fOR SlGH1UNE SAfETY
,', PA
101.
'"'0
.--.-
." ... ..-..
.. . .' . --::=-
. ',>~\: ::_-:;;
.=~
A
-=- :::'"..:::"'.::::;:::..
& ---.....
---....
,IClID'l'CIJIW"I'JlIAt...IVfOII.~1IONI0II--'I
.. . ., ....Ol(._..,-.cr~
_.lU\tl......IU.,.""-O~MICI4J'IECl"
~...,..._~CI'"Of1Nl~~tI~1ID1IIII
-~-a .
--~
-1lQN--~
"
T
:..:-:,~.ftET~ @ ~ 0 \YJ ~ ~\
,.......... uu AUG 23 :JCS t,
"I
By~_ __ - I
:: ~--===.J
U
-=!I
:;;~ilD.
::c....." .
I ...
. ~ "II;
a:~. II
u!
=~ilb
E~II
~~I J
~
l:l
~
~
.. J
~ I;
j.~ il
(II of
~~~~h
~I~ :1!
~I~ If.
Jog
t
~
...r
.!ol
,g
lI:l
...r
~
llIlA" IIY
c.J(
DAlE
8/22/00
RE>llSIONS
CAD FILE
222"""
PROolECT NO.
22240
I.'
I
lIcDOlW.OS
,11
,.... -tP-
4~'
Fenlller
Plnenon
~
----
.
.
"II:
Ii~
t;it
hj
;11
In i
I
I
.I I
I I
RETAIL \ \ \ \ ~~.!.!'!':;..._."" ~
SALES \
\
23,157 S.F. \
I -: I
I
I i
.-
._]~ ill: ~ U III ~ i
AUG 2 3 2006 " Mft ....
......
--
By 51
'--7
:DDIII olg
,~ ~ S
e e e ~S ~ e
I
..c.~ , -~
~,I
QlII
~~ I I
~ e
(;) e
~,IIIIIIIJ
I
~il\
o~II!
I~
II
I =
-r"- - ,
~ 0:1
.
.: I I
D91J
-E
v
~ - ----L-
~ <:1
< ;
'~I'l
i I .
fmc, (~
~I_,,~-
r-!, 'I
L
.J
,.
<:
E
~
<"
<:
0111
~
~I.~
~I
~: i -
- ----E
~
-4
"
- +-'- -
I
- I
e
I0I1l
~ (5i
Gl
.,., [j'U=;
: ~----.J,
g In J I
~J\
-r
~
~
..v .
~~
-
...... "'.~~i
.iI ! III.~~.;;;
= ....
q5
~ ~ I
-.
1'I'UCIaI IWIILY I1UDY
_ UICI. . . .1
............,.........................
.....-............-..........
EiP =:.:,..:r...~
.... --'11'I fLOCII PUll
.... .....- ---
~ i . ~ ~ ~ e i i
. ~ p ~
F~ II I I U
II ~ : ~ : ~.
~~ ~i ~i
i i
1 I ~
,mJ]
?~~II---1 t -q
'- "
!I Jill :s
II
IB
& h
i
1.:2'~
~ ~
! ~ ~
I
, "" ~
W I==:J
~ C3
a
en lru1)
l===---J
q.~
:..~I
...
J
(fI :
!I I
I~ I
I I,
I' ,
I:
1
-
-
I
I
mID
11UCIaI .....Y I1UIW
_ LAIlL I .,,\
I ...., .... .. ... ..... ......... ...
.....-............-.............
.................I..::..~~
-
.... --un' IlC1IIIlIIt ILlYA1IlIIII
--
~l8
~ I;t~::\
,~~ )
!C = I UI
8. ,&!
~ "
i f
;; . I~
~1
.
\
{
.
1. -
'g
r.
~
I
I
I !I ~I
~ ~~ II
I I ~
I ;1;'- -
Ii II sl.-
I I. -
I. II II 51 '
=
AGENDA ITEM:
SUBJECT:
PREPARED BY:
PUBLIC HEARING:
CASE FILE #:
DATE:
INTRODUCTION:
PLANNING REPORT
5C
PUBLIC HEARING TO CONSIDER A CONDITIONAL
USE PERMIT TO ALLOW MOTOR VEHICLE SALES
IN THE C-4 (GENERAL BUSINESS) ZONING
DISTRTICT.
JEFF MATZKE, PLANNER
X YES NO-N/A
EP 06-170
SEPTEMBER 11, 2006
Fendler Patterson Construction has applied for a conditional use permit to allow
motor vehicle sales on a site located south of State Highway 13, west of Panama
Ave, and north of Village Lake Drive. The site is currently occupied by a large
37,400 square foot vacant building. The site plan shows utilization of the existing
structure and parking areas for the development of a Tractor Supply Company
farm and ranch supply store. The property is zoned C-4 (General Business).
Motor Vehicle Sales is permitted with a Conditional Use Permit in the C-4 district,
subject to the following conditions:
1102. 1203(2) Motor Vehicle Sales. Conditions:
a. No previously registered but currently unlicensed or non-operable
vehicles shall be stored on premises.
b. All open sales or rental lots shall be operated in conjunction with a
building or buildings containing the same or similar materials as
displayed on the open sales or rental lot.
c. The building and the sales or rental lot shall be on one contiguous
site.
d. All parking and paved areas shall meet all of the landscaping and
design requirements of subsection 1107.200.
e. String lighting shall be prohibited.
f. The area of open sales or rental lot used for storage and display of
merchandise shall not exceed 2 square feet for eveI}' 1 square foot of
building on the site devoted to the same or a similar use or accessol}'
use.
g. Test driving shall be prohibited on any street in an "R" Use District.
h. No outdoor public address system shall be permitted.
i. All customer and employee parking shall be clearly designated and
signed.
1:\06 files\06 cup's\tractor supply co\pc report.doc
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
j. No motor vehicle transport loading or unloading shall be permitted on
any minor residential street.
k. No display or storage of motor vehicles shall be permitted on any
public right-of-way.
I. A bufferyard, as determined by subsection 1107.2003, shall be
installed and maintained along all property lines of an abutting "R"
Use District.
m. The storage lot shall be located a minimum of 100 feet from an "R"
Use District.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site is approximately 4.77 acres.
Existina Use: A 37,400 square foot vacant building with parking lot currently
occupies the building.
TODoaraDhv: The site is relatively flat. The site was graded previously tor the
establishment of a County Market grocery store.
Wetlands: There are no wetlands located on the site.
Access: Access to this property is from Panama Avenue and Village Lake
Drive.
Adiacent Existina Uses. Land Use. and Zonina:
North
Existing Use Land Use Zoning
Desi9nation
Vacant Land C-CC Community C-4
Retail Shopping
Panama Ave. Right-ot-way, C-CC Right-ot-way, C-4
McDonalds Restuarant
State Highway 13, Right-ot-way, C-NR, Right-ot-way, C-1,
Medical Clinic, R-L1MD R-1
Residential Housing
Village Lake Drive, Right-ot-way, Right-ot-way,
with Residential Single R-L1MD Low- R-1
Family Townhomes Medium Density
across the street Residential
West
East
South
ANALYSIS:
The applicant is requesting approval of a CUP to allow motor vehicle sales,
specitically trailer rentals, to be placed on the site.
1:\06 files\06 cup's\tractor supply co\pc report. doc
2
Parkina~ The Zoning Ordinance requires a total of 180 parking spaces for the
mixed uses of retail sales, office, and open sales. The site plan indicates a total
of 197 parking spaces for these uses.
Storm Water: Storm water infiltration needs have previously been addressed
when the site was first developed. No changes to the current drainage patterns
are proposed.
Sians: All proposed signage will need to meet the Code requirements related to
the C-4 district. The applicant is required to apply for sign permits for any
proposed signage.
LandscaDina: The applicant must provide screening for at least 60% of the
perimeter of the parking area. The Code requires that buffer yard areas be a
minimum of a buffer yard B along all public ways, as detailed in Section
1107.2003 of the Code. The proposed landscape plan meets these
requirements.
Liahtina: Reflected glare or spill light shall not exceed a 1.0 foot-candle at the
property line when the source of light abuts any commercial or industrial parcel.
The applicant shall provide a photometric plan that meets the lighting
requirements.
Outdoor disDlav/storaaei The outdoor display of rental trailers is approximately
2,600 square feet. It contains 13 parking stalls at the southeast corner of the
parking lot for the display/storage of flatbed rental trailers.
PRIVATE ENTERTAINMENT FINDINGS:
Section 1102.1203 (2) of the Zoning Ordinance allows motor vehicle sales with a
conditional use permit in the C-4 district. The use is subject to thirteen criteria,
listed below. The review of the request in respect to these criteria is shown in
bold lettering.
. No previously registered but currently unlicensed or non-operable
vehicles shall be stored on the premises.
All rental trailers are required be state law to be licensed and
operable.
. All open sales or rental lots shall be operated in conjunction with a
building or buildings containing the same or similar materials as
displayed on the open sales or rental lot.
The rental trailers will be operated in conjunction with the primary
business.
. The building and the sales or rental lot shall be on one contiguous site.
The building and rental trailers are located on the same property.
1:\06 files\06 cup's\tractor supply co\pc report. doc
3
. All parking and paved areas shall meet all of the landscaping and
design requirements of subsection 1107.200
The parking and paved areas meet this requirement.
. String lighting shall be prohibited.
No string lighting is proposed on the site.
. The area of open sales or rental lot used for storage and display of
merchandise shall not exceed 2 square feet for every 1 square foot of
building on the site devoted to the same or a similar use or accessory
use.
The trailer rental area is 2,600 square feet of the site. The area of
the primary building is 37,400 square feet.
. Test driving shall be prohibited on any street in an "R" Use District.
No test driving involvement is anticipated as part of the trailer
rental component.
. No outdoor public address system shall be permitted.
No outdoor public address system is proposed with the site plan.
. All customers and employee parking shall be clearly designated and
signed.
Other parking areas will be clearly defined separate from the
rental trailer display area.
. No motor vehicle transport loading or unloading shall be permitted on
any minor residential street.
All transport loading or unloading of rental trailers will take place
on the commercial site.
. No display or storage of motor vehicles shall be permitted on any
public right-of-way.
All display and storage areas for the rental trailers is located on
the commercial site.
. A bufferyard, as determined by subsection 1107.2003, shall be
installed and maintained along all property lines of an abutting "R" Use
District.
The motor vehicle sales area is not located along any property
lines abutting an "R" Use District.
. The storage lot shall be located a minimum of 1 00 feet from an "R"
Use District.
The trailer rental area is located over 350 feet from the nearest
"R" Use District.
CONDITIONAL USE PERMIT FINDINGS:
1:\06 files\06 cup's\tractor supply co\pc report. doc
4
Section 1108.200 of the City Code sets forth the general criteria utilized to review
a CUP application.
(1) The use is consistent with and supportive of the goals and policies of
the Comprehensive Plan.
Two of the objectives of the Comprehensive Plan are to "maintain high
standards in the promotion and development of commerce and industry."
Tractor Supply Company and their rental trailers are consistent with the
goals, objectives, and policies of the Comprehensive Plan provided it
compiles with the conditions of approval.
(2) 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.
(3) 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." Because the sale of rental trailers in this
case may require additional parking areas, signage, and lighting the motor
vehicle sales use is appropriate for this district.
(4) 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 adhered to the uses will not over
burden municipal facilities.
(5) 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 in the C-4
use district to protect adjacent uses. Provided all conditions are met, the use
will not have undue adverse impacts on the properties in close proximity.
1:\06 files\06 cup's\tractor supply co\pc report.doc
5
(6) 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.
A professional engineer prepared the site plan for the application.
(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. The plans shall be included as part of the conditions set forth
in the CUP approved by the City Council.
A registered civil engineer prepared drainage and utility plans for the
administrative site plan application.
(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 1108.202. 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.
The Planning Commission may revise recommended conditions or attach
additional conditions, as they deem appropriate to protect the general
welfare, public safety, and neighborhood character.
CONCLUSION
Overall, staff believes the display/storage of rental trailers is consistent with the
intent of the C-4 use district provided conditions of approval are met. Based
upon the findings set forth in this report, staff recommends approval of the
Conditional Use Permit. In order to meet the above-listed criteria, the Planning
staff recommends the following conditions:
1. The applicant shall record the Conditional Use Permit at Scott County no later
than 60 days after Planning Commission approval.
1:\06 files\06 cup's\tractor supply co\pc report. doc
6
2. A sign permit application must be submitted to the City prior to the installation
of any signage on the site.
3. The applicant shall submit a photometric lighting plan that meets the lighting
requirements for the site.
4. Plans shall be revised to address comments detailed in the City Engineers
August 25, 2006 memo.
5. Prior to site plan approval, the applicant shall submit revised plans reflecting
plan changes and conditions as indicated.
6. All conditions listed in Section 1102.1403(9) of the Zoning Ordinance shall be
met.
ALTERNATIVES:
1. Approve the CUP with conditions as recommended or any other conditions
the Planning Commission feels are warranted.
2. Deny the CUP. In this case, the Planning Commission should be specific
about findings of fact.
3. Continue the request to a specific date and direct the applicant to provide the
necessary additional information.
RECOMMENDATION:
The Planning staff recommends approval of the CUP subject to the listed
conditions.
ACTIONS REQUIRED:
A motion and second to approve Resolution 06-13PC approving a Conditional
Use Permit to allow motor vehicle sales in the C-4 Zoning District, subject to the
listed conditions.
ATTACHMENTS:
1. Resolution 06-13PC
2. Location Map
3. Applicant's Site Plan
4. August 25, 2006 Engineering Memo
1:\06 files\06 cup's\tractor supply co\pc report.doc
7
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION 06-13PC
APPROVING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE SALES IN THE C-4 (GENERAL BUSINESS)
ZONING DISTRICT
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY:
SECOND BY:
The Prior Lake Planning Commission conducted a public hearing on September 11, 2006, to consider
an application from Fendler Patterson Construction for a Conditional Use Permit (CUP) to allow motor
vehicle sales; 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; and
The Planning Commission approved the CUP with specific conditions; and
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 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 Planning Commission hereby adopts the following findings:
Section 1108.200 of the City Code sets forth the aeneral criteria utilized to review a CUP aoolication.
(1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan.
Two of the objectives of the Comprehensive Plan are to "maintain high standards in the promotion and development of
commerce and industry." Tractor Supply Company and their rental trailers are consistent with the goals, objectives, and
policies of the Comprehensive Plan provided it compiles with the conditions of approval.
(2) 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.
(3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the
Conditional Use is located.
L:\06 FILES\06 CUP'S\Tractor Supply Co\resolution.DOC
www.cityofpriorlake.com
Page 1
Phone 952.447.4230 / Fax 952.447.4245
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.' Because
the sale of rental trailers in this case may require additional parking areas, signage, and lighting the motor vehicle sales
use is appropriate for this district.
(4) 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 adhered to the uses will not over burden municipal facilities.
(5) 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 in the C-4 use district to protect adjacent uses. Provided
all conditions are met, the use will not have undue adverse impacts on the properties in close proximity.
(6) 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.
A professional engineer prepared the site plan for the application.
(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. The plans shall be included as part of the conditions set forth
in the CUP approved by the City Council.
A registered civil engineer prepared drainage and utility plans for the administrative site plan application.
(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 1108.202. 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.
The Planning Commission may revise recommended conditions or attach additional conditions, as they deem appropriate
to protect the general welfare, public safety, and neighborhood character.
The Conditional Use Permit is hereby approved on the property legally described as follows:
Lot 1, Block 1, Radermachers First Addition, Scott County, Minnesota.
The Conditional Use Permit is hereby approved subject to the following conditions:
L:\06 FILES\06 CUP'S\Tractor Supply Co\resolution.DOC
Page 2
a) The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after City Council
approval.
b) A sign permit application must be submitted to the City prior to the installation of any signage on the site.
c) Revise the plans to address comments detailed in the City Engineers August 25, 2006 memo.
d} Prior to site plan approval, the applicant shall submit revised plans reflecting plan changes and conditions as
indicated.
e) All conditions listed in Section 11 02.1403{9} of the Zoning Ordinance shall be met.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use Permit for motor vehicle
sales in the C-4 district. The contents of Planning Case Files # EP06-170 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 11th day of September, 2006.
Anthony Stamson, Commission Chair
ATTEST:
Jane Kansier, Planning Director
L:\06 FILES\06 CUP'S\Tractor Supply Co\resolution.DOC
Page 3