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HomeMy WebLinkAbout2020-02-25 CC Meeting Packet Enclosure 0 Oak Park Heights Request for Council Action Meeting Date February 25th,2020 Time Required: 5 Minutes Agenda Item Title: Fury Jeep—Interim Use Permit Automotive Storage and Sales 14702 60th Street N. Agenda Placement New Business ' z Originating Department/Requesto/ ,. E •,1 .n, Ci ' dministrator Requester's Signature Action Requested Di cussion,P;< '. e Action BackgrouncVJustification(Pleas idicate if any previous action has been taken or if other public bodies have advised): Please see the following from Scott Richards, City Planning Consultant 1. Staff Report dated February 6th,2020-as presented to the Planning Commission; 2. Planning Commission Resolution(unsigned) 3. Proposed City Council Resolution. Page 165 of 230 Enc 2 TPC3801 Thurston Avenue N,Suite 100 • Anoka, MN 55303 Phone:763.231.5840 Facsimile:763.427.0520 TPC@PIanni ngCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: February 6, 2020 RE: Oak Park Heights—Fury Jeep—Interim Use Permit for Automotive Storage and Sales— 14702 60th Street North FILE NO: 236.02—20.01 BACKGROUND David Phillips, of Phillips Architects and representing Leonard Investments LLC, has made application for an interim Use Permit for outdoor automotive storage, automotive sales and service at 14702 60th Street North. The intent Is to allow for storage, sales and service at this dealership for two years at Highway 36 and Osgood Avenue. The property is zoned B-2, General Business District in which automotive sales and service is a Conditional Use. The Applicant plans to occupy the existing building and site until a redevelopment opportunity is found for the property. In that this will be a temporary facility for the dealership, the application is being processed as an Interim Use Permit so that an end date can be placed on the approvals. Attached for reference: Exhibit 1: Project Narrative Exhibit 2: Project Site Exhibit 3: Pictures of Site/Building ISSUES ANALYSIS Project Description. The description of the project by Mr. Phillips within the project narrative is as follows: Page 166 of 230 Background Leonard Investments, LLC owns the property at 14702 60th Street North. It was used as Fury Motors Chrysler Jeep Ram facility until the remodeled dealership was reopened at 12969 60th St North. Redevelopment of this property as a new car dealership is desired, but the availability of franchises is subject to the market. Proposed Use and Zoning: Leonard Investments, LLC and the applicant Phillips Architects Is requesting a 2-year Interim Conditional Use Permit to allow the exterior storage of vehicles for sale as well as wholesale and retail sales of used vehicles. This will allow the Leonard's and Fury Motors to continue to seek a new car franchise for this property. Other development opportunities are also being investigated. Uses The existing building will be used for cleanup and detailing of vehicles that are for sale at one of the Fury Motors facilities. There will also be salespeople at the site to meet potential buyers who will come to the site on an appointment basis. Wholesale buyers of vehicles that are deemed not suitable for resale at a Fury Motors lot are expected to bid on these vehicles on a bi-weekly basis initially at an on-site limited auction. Only licensed auto dealers will be allowed to purchase vehicles at the auctions. Limited improvements The existing building will be reopened. This will include servicing the mechanical and electrical systems. Limited maintenance of the building will be completed to insure the property Is suitable for use by staff and customers. In the spring the parking lot will be swept and any weeds within the pavement area will be removed. Signage No signage is requested at this time. Continued Marketing of the Property Leonard Investments will continue to seek a new vehicle franchise for this property during the Interim use period. Any new franchise would require a new building and new site work. Leonard Investments will also remain open to other types of redevelopment for the property. Comprehensive Plan. The Comprehensive Plan designates this area as Commercial on the Proposed Land Use Map. The use of the property for automotive sales and service is consistent with this land use designation. Zoning Ordinance. The property is zoned B-2, General Business District in which automotive storage, sales and service is a Conditional Use. The Applicant his applied for approval under an Interim Use Permit to occupy the existing building for the cleanup and detailing of vehicles. There will be salespeople at the site and an on-site limited uction that will be held within the building. Vehicles fir sale Mil be stored in the parking lot. In that this will be a temporary facility for the dealership, the application is being processed as an interim Use Permit so that an end date of two years can be 2 Page 167 of 230 placed on the approvals. The timeline could be extended by the City Council prior to the expiration of the permit. Section 401.05. Administration — Interim Use Permits outlines the allowances and criteria for uses that are to be located on a property for a limited time period. The criteria for the Interim Use are reviewed later in this report. The report also includ-: a review of the Conditional Use Permit criteria for automotive sales and service. Even though a CUP is not being considered, the criteria are relevant to the review of a car dealership. Parking and Traffic. There is adequate parking for a car dealership, customers and employees. Vehicle Storage. The cars to be for sale at this site will be deemed as not suitable for resale at a Fury Motors lot. The vehicles parked in the lot will be required to be operable. No wrecked cars, body or car parts shall be allowed to be stored outside of the building. Any other vehicles such as buses, campers and box trucks will be allowed on site but must be parked In the back of the lot adjacent to the frontage road. Additionally, no vehici: ; with off site related advertising shall be allowed on the site at any time. This includes vehicles displaying painted advertising or temporary banners. Lighting. The existing parking lot lighting will not be changed at this time. All of the light fixtures existing on the building shall be replaced with full cut off fixtures with shields. Any new lighting of the site will need to be in compliance with the Zoning Ordinance and be subject to review and approval of City staff. Signage. A commercially produced sign will be required and has been proposed at the front facade of the building. All signage shall be subject to compliance with the Zoning Ordinance. Trees/Landscaping. The Applicants are not proposing any changes to the landscaping at this tim:. Maintenance of the existing plantings maybe necessary and shall be subject to City Arborist review. Grading and Drainage. There will be no grading or drainage changes to the site. Any grading and drainage issues shall be addressed subject to review and approval of the City Engineer. Mechanical Screening© Any additional mech=nical equipment >dded to the building or site will need to by screened in accordance with Zoning Ordinance requirements. Trash/R;cyclFrig. The site has a trash/recycling enclosure, but the fencing needs to be paired. Repair of the encl sura fencing shall be subject to the review and approval of th- =uiiding Official 3 Page 168 of 230 Design Guidelines. The reuse of the existing structure for a car dealership shall be on a temporary basis. The building will not be changed from its current appearance except for paint and minor exterior repairs. The building changes will not be subject to Design Guidelines review, but the paint and repairs shall be subject to review and approval of the Building Official. Interim Use Criteria: Section 401.05.0 of the Interim Use Permit section specifies a number of criteria for the review and approval of a use. A review of those criteria are as follows: 2. New Uses. a. Conforms to all zoning regulations as otherwise applicable. Comment: The use will be required to comply with Zoning Ordinance use standards and conform with performance standards for improvements made to the building and site. b. The date or event that will terminate the use can be identified with certainty. Comment: The use will be allowed to continue for two years from the date of City Council approval. c. The existence of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. Comment: There should be no issues with public costs. d. The user agrees to any conditions that the City Council d: ms appropriate for permission of the use. Comment: The applicant will be required to agree to the conditions in writing. 401.30.E Conditional Uses: As Indicated, picas find below the review of the conditional use standards for automotive sales and service. It is recognized that the interim use will not ri-;-d to My comply with all of these Items. 8. Open and outdoor services, sale, and rental as a principal or accassoEy usa and automobile repair minor as an accessory use including new or u i automotive, trucks, boats, or motorized vehicles and related accessory sales and provided th 41: a. Outside sales areas are fen d or screened from view of n4nbck-117g residential uses or an abutting residential disirici in compliance with Section 40f.ib.E .f this Ordinance. 4 Page 169 of 230 Comment: The outdoor sales areas will not be required to be fenced. b. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be In compliance with Section 401.15.6.7 of this Ordinance. Comment: The existing, freestanding parking tot lighting is permitted. All existing and new light fixtures will need to be full cut off and comply with the Zoning Ordinance requirements, c. Sales and storage area is black topped, or concrete surfaced and all paved areas are surrounded by concrete curbing. Comment: The sales and storage areas are already paved. d. The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, and shall not cause impairment in properly values, or constitute a blighting influence within a reasonable distance of the site. Comment: The existing building and site has functioned previously as a dealership and is not incompatible with the surrounding commercial areas. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative oroth-ar ::'vices to the site. Comment: There should be no service issue with this use. f. All Islands in the parking lot shall be landscaped Comment: Not required at this time but would be with a redeveloped site. g. A strip of not less than ten (10) feet shall be landscaped at the edge of all parking/driveway areas adjacent to lot lines and the public right-of-way. Comment: Not required at this time but would be with a redeveloped Site. h. All automobile repair activities sh ll be conducted within the principal structur= and the doors to the service bays shall be kept closed oxcept when vehicles are being moved in or out of the service areas. Comment: This will be a condition of approval. Page 170 of 230 I. Facilities on a site contiguous to any residential district shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. Comment: The conditions shall specify the allowed hours of operation. j. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. Comment: Appropriate conditions will be added to the approval. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F of this Ordinance and shall be subject to the approval of the City Engineer. Comment: There should be no issues with the current vehicular access points. L A drainage system subject to the approval of the City shall be installed. Comment: The drainage system Is in place. m. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. Comment: Addressed In another section. The signage shall be compliant. n. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. Comment: The criteria are found below. The conditional use permit criteria found in Section 401.03.A.7 of the Zoning Ordinance have been reviewed and there should be no issues with compliance. CONCLUSION AND RECOMMENDATION Based upon the preceding review, City Staff recommends approval of the Interim Use Permit to allow for automotive sales and service at 14702 60th Street North subject to the following conditions: 1. The Interim Use of the site by Fury Motors shall be limited to two years from the date of City Council approval. The applicant may request an extension of the Interim Use Permit by the City Council prior to Its expiration. 6 Page 171 of 230 2. The building changes are not anticipated to be subject to Design Guidelines review, but the Applicant shall paint the building, make necessary repairs and provide transparency through the front windows. All paint and repairs shall be completed by June 1, 2020 and subject to review and approval of the Building Official. 3. The vehicles parked in the lot will be required to be operable. No wrecked vehicles, body or vehicle parts shall be allowed to be stored outside of the building. Any other vehicles such as buses, campers, and box trucks will be allowed on site but must be parked in the northern one-thin-! of Parcel 33- 030.20.43.0038. No boats, pontoons, semi-trucks and trailers, other equipment, or storage of materials other than the items specifically listd herein shall be permitted in any exterior location. 4. The light fixtures existing on the building shall be replaced with full cut off fixtures with shields. Any new lighting of the site will need to be in compliance with the Zoning Ordinance and be subject to review and approval of City staff. 5. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting which shall be full cut off. 6. Changes to the landscape or new plantings are subject to review and approval of the City Arborist. The monument rocks at the southwest corner of the site shall be removed no later than June 1, 2020. 7. Jersey barriers stored on the site shall be removed no later than June 1, 2020. 8. Any changes to the grading, drainage or utilities shall be subject to the review and approval of the City Engineer. 9. Any new mechanical equipment that is located on the roof or ground level and visible from street level or from neighborhood properties shall be screened with m:terials that blend harmoniously with the building façade materials, 10. The fencing for the trashlrecyciine enclosu { shall be repaired. Repair of the enclosu z fencing shall be subject to the review and approval of th . Building °filth!. 11. A commercially produced sign shall be affixed to the face .f the building that defines thz site as operated by Fury Motors and such sign plan shall be provided to the City subject to City Staff review and approval. The sign shall be install no later than June 1, 2020. 12. Th f use of an exterior announcem=;rpt system shall not be allowed. 13. M storage of materials, parts and supplies shall be interior t* the building. 7 Page 172 of 230 14. All vehicle auctions and auto repair activities shall be conducted indoors and the overhead doors to service bays shall be kept closed at all times except when moving vehicles in and out. 15. Automotive sales and service shall not be conducted between the hours of 8:00 PM and 8:00 AM unless otherwise allowed by formal action of the City Council. 16. No vehicles with on or off-site related advertising shall be allowed on the site at any time. This includes vehicles displaying painted advertising or temporary banners. 17. The applicant shall receive and retain, if required, a Hazardous Waste Generators License for batteries, oil and tires from Washington County. 8 Page 173 of 230 &J. PHILLIPS Architects & Contractors, Ltd. January 28, 2020 Revised brief Narrative for Interim Conditional Use Permit Fury Motors 14702 60"Street North,Oak Park Heights,MN iiackgrounc4 Leonard Investments, LLC owns the property at 14702 60"Street North. It was used as Fury Motors Chrysler Jeep Ram facility until the remodeled dealership was reopened at 12969 60"St North. Redevelopment of this property as a new car dealership is desired,but the availability of franchises is subject to the market. rroposed Use and Zoning: Leonard Investments, LLC and the applicant Phillips Architects is requesting a 2 year Interim Conditional Use Permit to allow the exterior storage of vehicles for sale as well as wholesale and retail sales of used vehicles.This will allow the Leonard's and Fury Motors to continue to seek a new car franchise for this property.Other development opportunities are also being investigated. Uses The existing building will be used for cleanup and detailing of vehicles that are for sale at one of the Fury Motors facilities. There will also be salespeople at the site to meet potential buyers who will come to the site on an appointment basis.Wholesale buyers of vehicles that are deemed not suitable for resale at a Fury Motors lot are expected to bid on these vehicles on a IA-weekly basis Initially at anon-site limited auction.Only licensed auto dealers will be allowed to purchase vehicles at the auctions. Limited Improvements The existing building will be reopened.This will include servicing the mechanical and electrical systems.Limited maintenance of the building will be completed to insure the property is suitable for use by staff and customers.In the spring the parking lot will be swept and any weeds within the pavement area will be removed. Signage No signage is requested at this time. 401 North Third Street,Suite 450,Minneapolis,MN 55401 Ph.(612)377-3333 Page 174 of 230 Fury Motors Interim CUP Narrative January 28,2020 14702 60`h Street North,Oak Park Heights, MN Continued Marketing of the Property Leonard Investments will continue to seek a new vehicle franchise for this property during the interim use period. Any new franchise would require a new building and new site work.Leonard Investments will also remain open to other types of redevelopment for the property. Contact List: Owner: Applicant/Architect: Leonard Investments, LLC PHILLIPS Architects 1000 South Concord 401 North Third Street,Suite 450 South St. Paul, MN 55075 Minneapolis,MN 55401 Attn.: Jim Leonard Attn.: David A.Phillips Email: •' afurymotors.com Email: dpi 2sevi,_ ,; —4rchitects.coo1 Phone: 651-451-1313 Cell: 612-868-1261 Phillips Architects for Leonard Investments respectfully requests approval of this Interim Conditional Use Permit for the former dealership facility at 14702 North 60'Street. Page 175 of 230 `' --. - -4.4 �- 4 • Is f � � / it A0 •g • 0 t , - ' Mt piti - itil I 4* ' '1141111t. ' -''' lel* '' - 414# 1*_Llii,4 # 1 I ! , t 1 4. 11 0 'A-1' _ I I j. . r ¢`.. ti,-i ,. is 1A. , i 4 'fit- g w i r c a n. ,It,, ,,,,,,,. *-5,,.,),, 1 i , i, -F. 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' , - • _,,.44 t',• o .„, • • • 44- ...44 - , . . . -.4 t 4. 1 4 4 ,••:--, ! lit h •- / Palle 184 of 230 . 4_ rilpfliv._:,_. 7-1 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY DAVID PHILLIPS,REPRESENTING LEONARD INVESTMENTS LLC, FOR AN INTERIM USE PERMIT TO ALLOW FOR OUTDOOR AUTOMOTIVE STORAGE AND AUTOMOTIVE SALES AND SERVICE AT 14702 60th STREET NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from David Phillips, representing Leonard Investments LLC, for an Interim Use Permit to allow outdoor automotive storage and automotive sales and service at 14702 60th Street North, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-2, General Business District in which automotive sales and service use is a conditional use; and 4. Leonard Investments has requested an Interim Use to occupy the existing building for the cleanup and detailing of vehicles. There will be salespeople at the site and an on-site limited action that will be conducted in the building. Vehicles for sale will be stored in the parking lot; and 5. The existing building and site will be a temporary facility for the dealership requiring an Interim Use Permit. Approval of the use would be for a period of two years,with the possibility of an extension by the City Council; and Page 185 of 230 6. City staff prepared a planning report dated February 6,2020 reviewing the request and 7. Said report recommended approval of the Interim Use Permit subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their February 13,2020 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMIVIISSION RECOMMENDS THE FOLLOWING: A. The application submitted by David Phillips, representing Fury Jeep for an Interim Use Permit to allow for automotive sales and service at 14702 60th Street North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. The Interim Use of the site by Fury Motors shall be limited to two years from the date of City Council approval. The applicant may request an extension of the Interim Use Permit by the City Council prior to its expiration. 2. The building changes are not anticipated to be subject to Design Guidelines review, but the Applicant shall paint the building, make necessary repairs and provide transparency through the front windows. All paint and repairs shall be completed by June 1, 2020 and subject to review and approval of the Building Official. 3. The vehicles parked in the lot will be required to be secured and operable. No wrecked vehicles, body or vehicle parts shall be allowed to be stored outside of the building. Any other vehicles such as buses,campers, and box trucks will be allowed on site but must be parked in the northern one-third of Parcel 33- 030.20.43.0038. No boats,pontoons, semi-trucks and trailers,other equipment, or storage of materials other than the items specifically listed herein shall be permitted in any exterior location. 4. The light fixtures existing on the building shall be replaced with full cut off fixtures with shields. Any new lighting of the site will need to be in compliance with the Zoning Ordinance and be subject to review and approval of City staff. 2 Page 186 of 230 5. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting which shall be full cut off. 6. Changes to the landscape or new plantings are subject to review and approval of the City Arborist. The monument rocks at the southwest corner of the site shall be removed no later than June 1,2020. 7. Jersey barriers stored on the site shall be removed no later than June 1,2020. 8. Any changes to the grading, drainage or utilities shall be subject to the review and approval of the City Engineer. 9. Any new mechanical equipment that is located on the roof or ground level and visible from street level or from neighborhood properties shall be screened with materials that blend harmoniously with the building façade materials. 10. The fencing for the trash/recycling enclosure shall be repaired. Repair of the enclosure fencing shall be subject to the review and approval of the Building Official. 11. A commercially produced sign shall be affixed to the face of the building that defines the site as operated by Fury Motors and such sign plan shall be provided to the City subject to City Staff review and approval. The sign shall be installed no later than June 1,2020. 12. The use of an exterior announcement system shall not be allowed. 13. All storage of materials,parts and supplies shall be interior to the building. 14. All vehicle auctions and auto repair activities shall be conducted indoors and the overhead doors to service bays shall be kept closed at all times except when moving vehicles in and out. 15. Automotive sales and service shall not be conducted between the hours of 8:00 PM and 7:00 AM unless otherwise allowed by formal action of the City Council. 16. No vehicles with on or off-site related advertising shall be allowed on the site at any time. This includes vehicles displaying painted advertising or temporary banners. 17. The applicant shall receive and retain, if required, a Hazardous Waste Generators License for batteries, oil and tires from Washington County. Recommended by the Planning Commission of the City of Oak Park Heights this 13th day of February 2020. 3 Page 187 of 230 Timothy Freeman, Chair ATTEST: Eric A. Johnson,City Administrator 4 Page 188 of 230 Attachment A Physical Address: 14702 60th St. N. Washington County Property I.D.:33-030-20-43-0042 Legal Description: 33.030.20.43.0042: PARTS BLKS 5 & 8 EXC E 181FT TOG W EASE OVER WLY DRIVEWAY ON E 181FT INC VACATED WILLIM STREET& S1/2 OF VAC MYRON ST ADJ BLK 5 SUBDIVISIONNAME SUMMIT PARK BLOCK 5 SUBDIVISIONCD 61245 33.030.20.43.0057 PART OF BLOCKS 5 & 8 &ALL THAT PT OF VAC WILLIAM ST ADJ TO SD BLKS-COM AT INTERS OF C/L OF VAC MYRON ST WITH WLY LINE OF OSGOOD AVE N-FORMERLY S 4TH ST THN S ALG SD WLY LN OF OSGOOD AVE N-FORMERLY S 4TH ST-ON AN ASSUM BEAR OF SODEG15 '20"E FOR 213.3OFT TO PT OF BEG OF THIS DESC THN N89DEG54' 57"W PAR WITH SD C/L OF MYRON ST FOR 181FT THN SODEG15'20"E PAR WITH SD WLY LN OF OSGOOD AVE N-FORMERLY S 4TH ST-FOR 160.46FT TO ITS INTERSECT WITH R/W OF MN HWY 212 THN N59DEGO4 '36"E ALG SD R/W OF MN HWY 212 FOR 82.55FT THN N72DEG21'15"E ALG SD R/W OF MN HWY 212 FOR 115.26FT TO SD WLY LN OF OSGOO D AVE N-FORMERLY S 4TH ST-THN NODEGI5'20"W ALG SD WLY LN OF OSGOOD AVE N-FORMERLY S 4TH ST FOR 82.83FT TO PT OF BEG SUBJ TO EASE AND THAT PT OF BLK 5 DESC AS FOLL:COM @ NE COR SD BLK 5 THN SOIDEG00'33"E ASM BRG ALG E LN SD BLK 5 A DIST OF 181.30FT TO S LN OF N 181.30FT OF SD BLK 5 &POB THN S89DEG19'13"W ALG SD S LN 103.52FT THN S82DEG26'25" W 16.70FT TO S LN OF N 183.30F T SD BLK 5 THN N89DEG19'13"E ALG SD S LN 120.10FT TO SD E LN BLK 5 THN N01DEG00'33"W ALG SD E LN OF BLK 5 DIST OF 2.00F T TO POB EXC THAT PT OF BLK 5 DESC AS FOLL:COM (a,NE COR SD BLK 5 THN SOI DEGOO'33"E ASM BRG ALG E LN OF SD BLOCK 5 A DIS 181.3OFT TO THE S LN OF THE N 181.30FT OF SD BLK 5 THN S89DEG19'13"W ALG SD S LN 103.52FT THN S82DE G26'25"E 16.70FT TO THE S LN OF THE N 183.3OFT OF THE BLK 5 &THE PT OF BEG THN CONTINUE S82DEG26'25"W 61.29FT TO THE W LN OF THEE 181FT OF SD BLK 5 THN N01 DEGOO'33"W ALG SD W LN 7.34FT TO SD S LINE OF N 183.3 OFT OF SD BLK 5 THN N89DEG19' 13"E ALG SD S LN 60.90FT TO THE PT OF BEG SUBDIVISIONNAME SUMMIT PARK BLOCK 5 SUBDIVISIONCD 61245 Page 189 of 230 ATTACHMENT B Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Required Approvals: City Council 4/5 Interim Use Permits -Termination: An interim use permit shall terminate on the happening of any of the following events, whichever first occurs: 1. The date stated in the permit or ordinance. 2. Upon violation of conditions under which the permit was issued. 3. Upon change in the City's zoning regulations which renders the use non-conforming. 4. The redevelopment of the use and property upon which it is located to permitted or conditional use as allowed within the respective zoning district. Page 190 of 230 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY DAVID PHILLIPS,REPRESENTING LEONARD INVESTMENTS LLC, FOR AN INTERIM USE PERMIT TO ALLOW FOR OUTDOOR AUTOMOTIVE STORAGE AND AUTOMOTIVE SALES AND SERVICE AT 14702 60"' STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from David Phillips, representing Leonard Investments LLC, for an Interim Use Permit to allow outdoor automotive storage and automotive sales and service at 14702 60th Street North, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-2, General Business District in which automotive sales and service use is a conditional use; and 4. Leonard Investments has requested an Interim Use to occupy the existing building for the cleanup and detailing of vehicles. There will be salespeople at the site and an on-site limited action that will be conducted in the building. Vehicles for sale will be stored in the parking lot; and 5. The existing building and site will be a temporary facility for the dealership requiring an Interim Use Permit. Approval of the use would be for a period of two years,with the possibility of an extension by the City Council; and Page 191 of 230 6. City staff prepared a planning report dated February 6, 2020 reviewing the request; and 7. Said report recommended approval of the Interim Use Permit subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their February 13, 2020 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by David Phillips representing Leonard Investments LLC, for an Interim Use Permit to allow outdoor automotive storage and automotive sales and service at 14702 60th Street North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The Interim Use of the site by Fury Motors shall be limited to two years from the date of City Council approval. The applicant may request an extension of the Interim Use Permit by the City Council prior to its expiration. 2. The building changes are not anticipated to be subject to Design Guidelines review, but the Applicant shall paint the building, make necessary repairs and provide transparency through the front windows. All paint and repairs shall be completed by June 1, 2020 and subject to review and approval of the Building Official. 3. The vehicles parked in the lot will be required to be secured and operable. No wrecked vehicles, body or vehicle parts shall be allowed to be stored outside of the building. Any other vehicles such as buses, campers, and box trucks will be allowed on site but must be parked in the northern one-third of Parcel 33- 030.20.43.0038. No boats,pontoons, semi-trucks and trailers, other equipment,or storage of materials other than the items specifically listed herein shall be permitted in any exterior location. 4. The light fixtures existing on the building shall be replaced with full cut off fixtures with shields. Any new lighting of the site will need to be in compliance with the Zoning Ordinance and be subject to review and approval of City staff. 2 Page 192 of 230 5. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting which shall be full cut off. 6. Changes to the landscape or new plantings are subject to review and approval of the City Arborist The monument rocks at the southwest corner of the site shall be removed no later than June 1,2020. 7. Jersey barriers stored on the site shall be removed no later than June 1, 2020. 8. Any changes to the grading, drainage or utilities shall be subject to the review and approval of the City Engineer. 9. Any new mechanical equipment that is located on the roof or ground level and visible from street level or from neighborhood properties shall be screened with materials that blend harmoniously with the building facade materials. 10. The fencing for the trash/recycling enclosure shall be repaired. Repair of the enclosure fencing shall be subject to the review and approval of the Building Official. 11. A commercially produced sign shall be affixed to the face of the building that defines the site as operated by Fury Motors and such sign plan shall be provided to the City subject to City Staff review and approval. The sign shall be installed no later than June 1,2020. 12. The use of an exterior announcement system shall not be allowed. 13. All storage of materials,parts and supplies shall be interior to the building. 14. All vehicle auctions and auto repair activities shall be conducted indoors and the overhead doors to service bays shall be kept closed at all times except when moving vehicles in and out. 15. Automotive sales and service shall not be conducted between the hours of 8:00 PM and 7:00 AM unless otherwise allowed by formal action of the City Council. 16. No vehicles with on or off-site related advertising shall be allowed on the site at any time. This includes vehicles displaying painted advertising or temporary banners. 17. The applicant shall receive and retain, if required, a Hazardous Waste Generators License for batteries, oil and tires from Washington County. Approved by the City Council of the City of Oak Park Heights this 25th day of February 2020. 3 Page 193 of 230 Mary McComber,Mayor A i'1'EST: Eric A. Johnson, City Administrator 4 Page 194 of 230 Attachment A Physical Address: 14702 60th St. N. Washington County Property I.D.: 33-030-20-43-0042 Legal Description: 33.030.20.43.0042: PARTS BLKS 5 & 8 EXC E 181FT TOG W EASE OVER WLY DRIVEWAY ON E 181FT INC VACATED WILLIM STREET& S1/2 OF VAC MYRON ST ADJ BLK 5 SUBDIVISIONNAME SUMMIT PARK BLOCK 5 SUBDWISIONCD 61245 33.030.20.43.0057 PART OF BLOCKS 5 & 8&ALL THAT PT OF VAC WILLIAM ST ADJ TO SD BLKS-COM AT INTERS OF C/L OF VAC MYRON ST WITH WLY LINE OF OSGOOD AVE N-FORMERLY S 4TH ST THN S ALG SD WLY LN OF OSGOOD AVE N-FORMERLY S 4TH ST-ON AN ASSUM BEAR OF SODEGI 5 '20"E FOR 213.30FT TO PT OF BEG OF THIS DESC TEN N89DEG54'57"W PAR WITH SD C/L OF MYRON ST FOR 181FT THN S0DEG15`20"E PAR WITH SD WLY LN OF OSGOOD AVE N-FORMERLY S 4TH ST-FOR 160.46FT TO ITS INTERSECT WITH R/W OF MN HWY 212 THN N59DEGO4 '36"E ALG SD R/W OF MN HWY 212 FOR 82.55FT TEN N72DEG21'15"E ALG SD R/W OF MN HWY 212 FOR 115.26FT TO SD WLY LN OF OSGOO D AVE N-FORMERLY S 4TH ST-TEN NODEGI5'20"W ALG SD WLY LN OF OSGOOD AVE N-FORMERLY S 4TH ST FOR 82.83FT TO PT OF BEG SUBJ TO EASE AND THAT PT OF BLK 5 DESC AS FOLL:COM @ NE COR SD BLK 5 TEN SOIDEG00'33"E ASM BRG ALG E LN SD BLK 5 A DIST OF 181.30FT TO S LN OF N 181.30FT OF SD BLK 5 &POB TEN S89DEG19'13"W ALG SD S LN 103.52FT THN S82DEG26'25" W 16.7OFT TO S LN OF N 183.30F T SD BLK 5 THN N89DEG 19'13"E ALG SD S LN 120.10FT TO SD E LN BLK 5 THN NOIDEG00'33"W ALG SD E LN OF BLK 5 DIST OF 2.00F T TO POB EXC THAT PT OF BLK 5 DESC AS FOLL:COM @ NE COR SD BLK 5 TEN SO1DEG00'33"E ASM BRG ALG E LN OF SD BLOCK 5 A DIS 181.30FT TO THE S LN OF THE N 181.3OFT OF SD BLK 5 THN S89DEG19'13"W ALG SD S LN I03.52FT THN S82DE G26'25"E 16.70FT TO THE S LN OF THE N 183.30FT OF THE BLK 5& THE PT OF BEG THN CONTINUE S82DEG26'25"W 61.29FT TO THE W LN OF THEE 181FT OF SD BLK 5 TEN NOI DEGOO'33"W ALG SD W LN 7.34FT TO SD S LINE OF N 183.3 OFT OF SD BLK 5 THN N89DEG19' 13"E ALG SD S LN 60.90FT TO THE PT OF BEG SUBDIVISIONNAME SUMMIT PARK BLOCK 5 SUBDIVISIONCD 61245 Page 195 of 230 ATTACHMENT B Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Required Approvals: City Council 4/5 Interim Use Permits -Termination: An interim use permit shall terminate on the happening of any of the following events, whichever first occurs: 1. The date stated in the permit or ordinance. 2. Upon violation of conditions under which the permit was issued. 3. Upon change in the City's zoning regulations which renders the use non-conforming. 4. The redevelopment of the use and property upon which it is located to permitted or conditional use as allowed within the respective zoning district. Page 196 of 230