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HomeMy WebLinkAbout5. Publice Hearing Text Amendment to City Code Section 11.36 (Highway Business, (B-1) regarding Vehicle Sales and Service Sl-"OPEE TO: Shakopee Planning Commission FROM: Kyle Sobota, Senior Planner DATE: 12/05/2013 SUBJECT: Public Hearing: Text Amendment to City Code Section 11.36 (Highway Business, B-1) regarding Vehicle Sales and Service. Caselog No 13-049 Discussion The City of Shakopee has hired consulting group HKGI for study and review of the landuse in the downtown and Highways 101169 corridor.A recurring comment heard from the real estate brokers, business community, and the Chamber President at the 101 Corridor Study sessions is concern about the high quantity of used car lots on Highways 101 /69. The brokers, Chamber President, and consultant all believe that the number of car lots is limiting the current and future investment in the 101 /69 corridor. The Planning Department is proposing a text amendment to change the language in City Code for vehicle sales, service, and repair as a conditional use to only allow used vehicle sales in conjunction with new vehicle sales. At this time there is not a limit to the number of vehicle sales operations,whether used or new that can be located in the Highway Business Zone. If the City Council were to adopt the language, the existing used vehicle lots would remain legal, non-conforming uses. The existing lots would be allowed to continue to operate, provided they are in good standing with their conditional use permits and do not cease operation for greater than 180 days. The legal, non-conforming status of the existing businesses would be transferable to future property owners and business owners. The current vehicle sales operations on 101/69 near downtown and zoned Highway Business, B-1 are: 1.Apple Autos, 1400 First Ave E 2. Best Buy Motors (site owned by Apple Autos), 1350 First Ave E 3. Shakopee Chevrolet, 1206 First Ave E 4. Shakopee Motors, 1107 First Ave E 5.Wheels and Deals, 804 First Ave E 6. First Avenue Motors, 735 First Ave E 7. Sky Motors, 421 First Ave E 8. Marty's Auto Sales at ARC, 936 First Ave E 9. Gesswein Auto Sales, 435 First Ave E 10.The Car Company, 1420 Third Ave W 11. Genuine Auto, 1523 Third Ave W 12. Formerly Abea Motors, 1480 Third Ave W Other vehicle sales operations in the Highway Business Zone are listed below. 1. Cargo Van Go, 7380 Co Rd 101 2. Scoff's Auto Body, 6268 Co Rd 101 3. Buy Rite Auto Sales, 7700 Co Rd 101 At this time Shakopee Chevrolet is the only new vehicle dealership in the 101/69 corridor, all other dealers offer only used vehicles. The other new vehicle dealer in Shakopee is Apple Ford on Weston Court. If the proposed text amendment were approved it would not impact Apple Ford or Shakopee Chevrolet's ability to expand their operations, sincAoth dealers are new franchises. Apple Ford's sales and service facility at 1400 First Avenue East would be considered part of a new vehicle dealer since it is owned by Apple Ford. The current language in City Code Section 11.36, Subdivision 3 is: L.)Vehicle sales, service, or repair; including general repair, rebuilding or reconditioning of engines or vehicles, including body work, frame work, and major painting service, replacement of any part or repair of any part, incidental body and fender work, painting or upholstering; Draft language for the text amendment is below is for the Planning Commission's review. 11.36, Subdivision 3, Conditional Uses: L.) New vehicle sales M.) Used vehicle sales, when wholly owned by a new vehicle sales operation N.) Vehicle service and repair, including minor and major repairs, body repair, and paint services. Staff Recommendation Staff recommends that the Planning Commission give a positive recommendation of the text amendment to the City Council. Action Requested Make a motion to recommend the City Council adopt the proposed zoning text amendment to City Code Section 11.36 Subdivision 3, and move its adoption. Attachments: ORDINANCE NO. 882 AN ORDINANCE OF THE CITY OF SHAKOPEE APPROVING AN AMENDMENT TO CITY CODE SECTION 11.36 (HIGHWAY BUSINESS) WHEREAS,The City of Shakopee has proposed an amendment to City Code Section 11.36 (Highway Business, B-1 zone)of the Zoning Ordinance regarding vehicle sales and service;and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on December 5,2013 at which time all persons present were given an opportunity to be heard; and WHEREAS,the Planning Commission recommended that City Code Section 11.36 be amended to revise the language pertaining to vehicle sales and service; and WHEREAS,the City Council heard the matter at its meeting on January 21, 2014; and THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,ORDAINS: Section 1 —That City Code Chapter 11 (Zoning) is amended to add the language as follows: Language which is underlined shall be added. Language which is sty-Hsktkfeugh shall be deleted. Section 11.36,(Highway Business,B-1), Subd.3 (Conditional Uses) fender wedE,painting or aphelswering, M.)New vehicle sales N.) Used vehicle sales, when wholly owned by a new vehicle sales operation that is located within the City of Shakopee O.)Vehicle service and repair, including minor and major repairs body repair, and paint services. (Re-letter all entries accordingly). Section 2. The City Council adopts the following findings of fact relating to the request to modify the language in the City's zoning ordinance regarding vehicle sales and service. Criteria#I That the original zoning ordinance is in error; Finding#1 There has been no evidence that the original zoning ordinance is in error, the proposed text amendment relates to classifications ofdifferent automotive uses. Criteria#2 That significant changes in community goals and policies have taken place; Finding#2 There have been significant changes in community goals and policies. A land use consultant hired by the City to perform a study on current and future land uses in the 101 /69 corridor, has heard from several members of the business community that the number of used vehicle sales operations 101 /69 corridor is limiting the potential for private investment in the corridor. A goal of the City Council is bringing new private investment to the corridor and thereby insure it's long term vitality, especially in view of the recent reconstruction of both highways 101 and 69 and planned expansion of the Hwy 1010 river crossing.. Finding#3 Used vehicle sales operations have consumed an inordinate amount of staff time when compared to other businesses in relation to complaints, zoning code violations, and enforcement of conditional use permit conditions. This tends to suggest that there may be other beneficial private commercial and other uses that would be more appropriate in the corridor for the long term. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; Finding#4 There has been no evidence presented that either city-wide or neighborhood development patterns have changed. The proposed ordinance allows for the continuation of used vehicle operations as legal, non-conforming uses. The proposed amendment only requires that additional used vehicle sales operations to be part of a new vehicle sales operation. Criteria#4 That the Comprehensive Plan requires a different provision; Finding#5 The Comprehensive Plan does not require a different provision. Section 3. Effective Date. This ordinance shall be in effect from and after the date of its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 2014. Brad Tabke, Mayor ATTEST: City Clerk Published in the Shakopee Valley News on the day of 2014.