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Home My WebLink About2020-02-25 CC Resolution #20-02-12 COPY RESOLUTION NO. 20-02-12 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 60th 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 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 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. Approved by the City Council of the City of Oak Park Heights this 25th day of February 2020. 3 L # if 4,, Mary �: omber, Mayor ATTEST: Eric A. Jo T M Ci,fAdministrator 4 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& SI/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 SODEGI5 '20"E FOR 213.30FT TO PT OF BEG OF THIS DESC THN N89DEG54' 57"W PAR WITH SD C/L OF MYRON ST FOR 181FT THN SODEGI5'20"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 N59DEG04 '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 S01DEG00'33"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 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 THN SO1DEG00'33"E ASM BRG ALG E LN OF SD BLOCK 5 A DIS 181.30FT TO THE S LN OF THE N 181.30FT OF SD BLK 5 THN S89DEG19'13"W ALG SD S LN 103.52FT TIN 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 NO1DEG00'33"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 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.