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HomeMy WebLinkAbout5A Universal Motors Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: JULY 17, 2017 AGENDA #: 5A PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR PRESENTED BY: CASEY MCCABE AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE SALES AND A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A POLE BUILDING IN THE I-1SD, GENERAL INDUSTRIAL SHORELAND ZONING USE DISTRICT DISCUSSION: Introduction The purpose of this agenda item is to consider approval of two resolutions; a resolution approving a Conditional Use Permit (CUP) to allow Motor Vehicle Sales in the I-1, General Industrial Use District and a resolution approving a CUP to allow construction of a Pole Building within the I-1, General Industrial Use District, at 16720 Welcome Avenue SE (PID 259010086). History On May 8, 2017, the Prior Lake City Council approved an ordinance (No. 117-08), amending Subsection 1102.1403 of the Zoning Ordinance to allow Motor Vehicle Sales as a use permitted with conditional use permit in the I- 1, General Industrial Use District. The Prior Lake Zoning Ordinance defines Motor Vehicle Sales as, ‘Display, sale and rental of automobiles, trucks, watercraft and recreational vehicles; motor vehicle 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.’ On June 22, 2015, the Prior Lake City Council approved an ordinance (No. 115-18) which included an amendment to Subsection 1102.1403, adding Pole Buildings as a use permitted with conditional use permit in the I-1, General Industrial Use District. The Prior Lake Zoning Ordinance defines Pole Building as, ‘A post frame construction building in which poles or timbers are inserted into the ground vertically, commonly at 6 to 10 foot intervals with lateral supports, to form the primary support for the roof system and structure foundation.’ On June 5, 2017, the Planning Commission held a public hearing to consider the two CUP requests identified above. During the public hearing, residents of surrounding developments asked questions and expressed concern related to hours of operation, grading and stormwater plans, exterior lighting plans and screening. Following the public hearing, the Planning Commission 2 voted to table the agenda item until July 17, 2017 to provide staff and the applicant sufficient time to address the questions raised by the residents. Current Circumstances The applicant, Universal Motors, LLC, has applied for two CUPs to allow the construction of a 7,200-square foot pole building to expand their current operations. Universal Motors operates an auto body/motor vehicle repair business at 16720 Welcome Avenue SE in a 7,200-square foot building that was constructed in 2015. The applicant would like to expand their operations with the construction of a second 7,200-square foot building on the property and approval of a CUP to allow for motor vehicle sales. The motor vehicle sales are conducted primarily online. PHYSICAL SITE CHARACTERISTICS: Total Site Area: The current site is approximately 4.5 acres. The applicant has also applied for Final Plat approval for Universal One Addition, which will add approximately 0.6 acres of land from the adjoining outlot to the west for a total site area of 5.1 acres. Access: Access to the site will be from Welcome Avenue SE. 2030 Comprehensive Plan Designation: The Comprehensive Plan designates this property as I-PI, Planed Industrial. Zoning: The property is zoned I-1SD, General Industrial Shoreland Use District. Subsection 1108.202, Standards for Conditional Uses, and 1108.203, Conditional Use Performance Standards in the Shoreland District identify criteria that the Planning Commission shall use to make findings for Conditional Use Permit applications; the criteria is identified in the two attached resolutions. Conclusion City staff has worked with the applicant to address the questions raised during the public hearing. Hours of Operation – Subsection 1102.1500 (9): Industrial Performance Standards limits outdoor activities to normal hours of operation when any part of an industrial property abuts any property line of property used or zoned for residential use, or is designated in the Comprehensive Plan for residential use. Normal hours of operation are defined as being between the hours of 6:00 a.m. and 10:00 p.m. Monday through Sunday inclusive. Outdoor activities include all manufacturing, testing, processing, loading, unloading, truck maneuvering, movement of equipment and other materials and other similar uses that occur outside of an entirely enclosed principal structure. All activities that are not conducted within normal hours of operation shall be conducted entirely within a completely enclosed principal structure. 3 City staff has proposed an additional CUP condition which further limits outdoor activities between the hours of 8:00 a.m. and 9:00 p.m. Monday through Saturday. All activities outside of these hours or on Sunday shall be conducted entirely within a fully enclosed structure. Grading and Stormwater Plans – The Planning Commission asked staff to review the proposed grading and stormwater plans in response to public hearing comments. City Engineering staff have reviewed the proposed grading and stormwater management plans. The proposed Universal Motors site improvements drain stormwater to the existing storm sewer system in Welcome Avenue, as required by the City. The Welcome Avenue storm sewer system then conveys stormwater to regional ponding facilities adjacent to Markley Lake. Stormwater from the Welcome Avenue area is treated regionally by this pond prior to draining to Markley Lake. The Engineering staff have provided comments to the applicant related to the stormwater management plan and stated the site will meet the requirements of the public works design manual and will receive Engineering approval once all engineering comments have been addressed. Exterior Lighting – The Planning Commission received questions related to exterior lighting on the site. Staff has discussed the exterior lighting with the applicant who does not intend to install any exterior pole lights. Although the applicant does not intend to install light poles, city staff has recommended an additional condition requiring full cutoff lights and limiting the height of light poles to 25 feet (45 feet is allowed by ordinance) in the event the applicant or a future property owner wishes to install exterior lights in the future. Staff recommends approval of a conditional use permit to allow Motor Vehicle Sales in the I-1, General Industrial Use District, subject to the following conditions: 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. h. All outdoor sales and rental lot driving surfaces and parking spaces shall be screened by a six (6) foot high fence with a minimum of 90% opacity. i. All Motor Vehicles stored outside of the primary structure(s) shall be licensed, registered or operable. j. Plans shall meet the requirements of Section Nine of the Public Works Design Manual. 4 k. The City of Prior Lake has agreed to accept the donation of Outlot A, Universal One Addition. A warranty deed transferring ownership of the outlot to the City of Prior Lake must be provided to the city or a plan to address the erosion issues on Outlot A, Universal One Addition must be submitted by the property owner to the City Engineer prior to issuance of a building or grading permit. l. The resolution shall be recorded at Scott County following approval of the Universal One Addition Final Plat. m. The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. n. Outdoor activities shall be permitted between the hours of 8:00 a.m. and 8:00 p.m. Monday through Sunday inclusive. At all other times, all activities shall be conducted entirely within a completely enclosed structure. o. All exterior lighting shall be full cutoff and all light poles or standards for exterior lighting shall not exceed a height of 25 feet. Staff recommends approval of a conditional use permit to allow construction of a Pole Building within the I-1, General Industrial Use District, subject to the following conditions: a. The pole building shall be constructed with similar design and materials as the other building on the site so as to not alter the essential character of the neighborhood or district. b. At least sixty (60) percent of the use of the pole building shall be designed for large space uses, including, but not limited to warehouse, large vehicle or equipment repair and building materials. c. The pole building shall be designed to be durable for industrial uses. d. The pole building shall not be eligible to receive City public financing assistance related to economic development. e. All parking and driving surfaces shall be hard surfaced in accordance with Section 1107. The hard surfaces shall meet the landscaping and design requirements of Subsection 1107.200. f. All outdoor storage areas shall be screened by a six (6) foot high fence with a minimum of 90% opacity. g. Plans shall meet the requirements of Section Nine of the Public Works Design Manual. h. The City of Prior Lake has agreed to accept the donation of Outlot A, Universal One Addition. A warranty deed transferring ownership of the outlot to the City of Prior Lake must be provided to the city or a plan to address the erosion issues on Outlot A, Universal One Addition must be submitted by the property owner to the City Engineer prior to issuance of a building or grading permit. i. Construction of the Pole Building must commence within one year of the approval date. j. The resolution shall be recorded at Scott County following approval of the Universal One Addition Final Plat. k. The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. 5 l. Outdoor activities shall be permitted between the hours of 8:00 a.m. and 9:00 p.m. Monday through Saturday. At all other times, all activities shall be conducted entirely within a completely enclosed structure. m. All exterior lighting shall be full cutoff and all light poles or standards for exterior lighting shall not exceed a height of 25 feet. ISSUES: In addition to the new conditions, staff has also revised the condition related to the erosion issues on Outlot F, Markley Lake Woods, which has been replatted and is now legally described as Outlot A, Universal One Addition. The property owner has offered to donate the outlot area to the City of Prior Lake and the City Council accepted the property donation on July 10, 2017. With the city acceptance of the property donation, the property owner is no longer responsible to address erosion issues on the outlot. The planning commission tabled this request for CUPs during their June 5, 2017 meeting based on public comment related to site drainage, hours of operation, exterior lighting and screening. Staff feels the applicant and engineering staff has addressed the comments raised during the public hearing and staff recommends approval of the Conditional Use Permits. ALTERNATIVES: 1. Motion and a second to approve a Resolution approving a Conditional Use Permit to allow Motor Vehicle Sales within the I-1, General Industrial Use District, as proposed or as may be further amended by the Planning Commission. 2. Motion and a second to approve a Resolution approving a Conditional Use Permit to allow construction of a Pole Building within the I-1, General Industrial Use District, as proposed or as may be further amended by the Planning Commission. 3. Motion and a second to deny the Conditional Use Permit to allow Motor Vehicle Sales within the I-1, General Industrial Use District subject to findings of fact. 4. Motion and a second to deny the Conditional Use Permit to allow construction of a Pole Building within the I-1, General Industrial Use District subject to findings of fact. 5. Motion and a second to table action and request additional information from City staff. RECOMMENDED MOTION: ATTACHMENTS: Alternatives No. 1 and No. 2. 1. Location Map 2. Site Plan 3. Exterior Elevation 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-XXPC A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE SALES IN THE I-1, GENERAL INDUSTRIAL USE DISTRICT AT 16720 WELCOME AVENUE SE Motion By: Second By: WHEREAS, The Prior Lake Planning Commission conducted a public hearing on June 5, 2017 to consider a request from Universal Motors, LLC to approve a Conditional Use Permit (CUP) to allow Motor Vehicle Sales in the I-1, General Industrial Use District at the following property: Lot 1, Block 1, Universal One Addition, Scott County, Minnesota (PID ___________); 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 1108.202 and 1108.203 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. The use is consistent with the following Comprehensive Plan Objectives and Policies: Determine and strive for a balance of commerce, industry and population; Encourage a diversified economic base and a broad range of employment opportunities; and Encourage a mixture and diversity of industrial and commercial and uses that will remain relatively stable under changing economic conditions. b) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. 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. 2 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 undue adverse impacts on governmental facilities, services or improvements. 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 use will adhere to the design requirements of the City. 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. The use will adhere to the drainage and utility requirements of the City. 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 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. Additional conditions to ensure the protection of the general health, safety and welfare of the public are included as part of the CUP. i) A thorough evaluation of the waterbody and the topographic, vegetation, and solid conditions on the site must be made to ensure: ➢ The prevention of soil erosion or other possible pollution of public waters, both during and after construction; ➢ The visibility of structures and other facilities as viewed from public waters is limited; ➢ The site is adequate for water supply and on-site sewage treatment; and ➢ The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. 3 The use will not have undue adverse impacts on the waterbody and the topographic, vegetation and solid conditions on the site as long as all conditions of approval are adhered to. 3. The CUP is hereby approved, subject to the following conditions: 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. h. All outdoor sales and rental lot driving surfaces and parking spaces shall be screened by a six (6) foot high fence with a minimum of 90% opacity. i. All Motor Vehicles stored outside of the primary structure(s) shall be licensed, registered or operable. j. Plans shall meet the requirements of Section Nine of the Public Works Design Manual. k. The City of Prior Lake has agreed to accept the donation of Outlot A, Universal One Addition. A warranty deed transferring ownership of the outlot to the City of Prior Lake must be provided to the city or a plan to address the erosion issues on Outlot A, Universal One Addition must be submitted by the property owner to the City Engineer prior to issuance of a building or grading permit. l. The resolution shall be recorded at Scott County following approval of the Universal One Addition Final Plat. m. The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. n. Outdoor activities shall be permitted between the hours of 8:00 a.m. and 8:00 p.m. Monday through Sunday inclusive. At all other times, all activities shall be conducted entirely within a completely enclosed structure. o. All exterior lighting shall be full cutoff and all light poles or standards for exterior lighting shall not exceed a height of 25 feet. PASSED AND ADOPTED THIS 17TH DAY OF JULY 2017. Bryan Fleming, Commission Chair ATTEST: Casey McCabe, Community Development Director VOTE Fleming Tieman Petersen Kallberg Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-XXPC A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A POLE BUILDING IN THE I-1, GENERAL INDUSTRIAL USE DISTRICT AT 16720 WELCOME AVENUE SE Motion By: Second By: WHEREAS, The Prior Lake Planning Commission conducted a public hearing on June 5, 2017 to consider a request from Universal Motors, LLC to approve a Conditional Use Permit (CUP) to allow construction of a Pole Building in the I-1, General Industrial Use District at the following property: Lot 1, Block 1, Universal One Addition, Scott County, Minnesota (PID ___________); 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 1108.202 and 1108.203 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. The use is consistent with the following Comprehensive Plan Objectives and Policies: Determine and strive for a balance of commerce, industry and population; Encourage a diversified economic base and a broad range of employment opportunities; and Encourage a mixture and diversity of industrial and commercial and uses that will remain relatively stable under changing economic conditions. b) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. 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. 2 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 undue adverse impacts on governmental facilities, services or improvements. 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 use will adhere to the design requirements of the City. 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. The use will adhere to the drainage and utility requirements of the City. 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 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. Additional conditions to ensure the protection of the general health, safety and welfare of the public are included as part of the CUP. i) A thorough evaluation of the waterbody and the topographic, vegetation, and solid conditions on the site must be made to ensure: ➢ The prevention of soil erosion or other possible pollution of public waters, both during and after construction; ➢ The visibility of structures and other facilities as viewed from public waters is limited; ➢ The site is adequate for water supply and on-site sewage treatment; and ➢ The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. 3 The use will not have undue adverse impacts on the waterbody and the topographic, vegetation and solid conditions on the site as long as all conditions of approval are adhered to. 3. The CUP is hereby approved, subject to the following conditions: a. The pole building shall be constructed with similar design and materials as the other building on the site so as to not alter the essential character of the neighborhood or district. b. At least sixty (60) percent of the use of the pole building shall be designed for large space uses, including, but not limited to warehouse, large vehicle or equipment repair and building materials. c. The pole building shall be designed to be durable for industrial uses. d. The pole building shall not be eligible to receive City public financing assistance related to economic development. e. All parking and driving surfaces shall be hard surfaced in accordance with Section 1107. The hard surfaces shall meet the landscaping and design requirements of Subsection 1107.200. f. All outdoor storage areas shall be screened by a six (6) foot high fence with a minimum of 90% opacity. g. Plans shall meet the requirements of Section Nine of the Public Works Design Manual. h. The City of Prior Lake has agreed to accept the donation of Outlot A, Universal One Addition. A warranty deed transferring ownership of the outlot to the City of Prior Lake must be provided to the city or a plan to address the erosion issues on Outlot A, Universal One Addition must be submitted by the property owner to the City Engineer prior to issuance of a building or grading permit. i. Construction of the Pole Building must commence within one year of the approval date. j. The resolution shall be recorded at Scott County following approval of the Universal One Addition Final Plat. k. The Conditional Use Permit is subject to the issuance of required permits from all applicable governmental agencies. l. Outdoor activities shall be permitted between the hours of 8:00 a.m. and 9:00 p.m. Monday through Saturday. At all other times, all activities shall be conducted entirely within a completely enclosed structure. m. All exterior lighting shall be full cutoff and all light poles or standards for exterior lighting shall not exceed a height of 25 feet. PASSED AND ADOPTED THIS 17TH DAY OF JULY 2017. Bryan Fleming, Commission Chair ATTEST: Casey McCabe, Community Development Director VOTE Fleming Tieman Petersen Kallberg Ringstad Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐