HomeMy WebLinkAbout2020-05-26 CC Meeting Packet Enclosure - Timeline Extension Request0
Oak Park Heights
Request for Council Action
Meeting Date _ May 26th, 2020
Time Required: 5 Minutes
Agenda Item Title: Central Automotive - Timeline Extension to Conditional Use Permit
Agenda Placement New Business
Originating Department/Requestor: Eric Johnson, City Administrator
Requester's Signature
Action Requested Discussion. Possible Action
Background/Justification (Please indicate if any previous action has been taken or if other public bodies
have advised):
Central Automotive (David Triemert) has requested a one-year extension to the approvals granted by
the City on May 28th, 2019. This would take their approval date through May 2021.See the attached
email. To paraphrase a conversation, they hope to be under construction by the end of summer 2020,
but not absolutely sure at this stage. Central Automotive did purchase the land.
In general, these approvals once issued lapse after 12 months. That approval resolution is attached.
Extensions may of course be granted by the Council, but is more specifically outlined in City Ordinance
401.03.C.4 (attached). This process relates to Conditional Use Permits specifically. Also, there have not
been any zoning or planned land use changes anticipated with the City's 2018 Comprehensive Plan for
this area. Therefore, the proposed use to the site remains generally acceptable for the area.
Staff does not anticipate any practical difficulties with some extension, and would recommend to
the Council to support an extension.
Enclosures:
1. EMAIL -dated April 20, 2020.
2. City Ord. 401.03.C.4
3. Copy of Issued Amended CUP & Resolution - from May
2019.
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From: david triemert
To: Eric Johnson
Subject: Central Automotive
Date: Friday, April 24, 2020 11:30:06 AM
Hello Eric,
I am requesting a 1 year extension on my approvals for Central Automotive
Thank You, Dave Triemert
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4. Lapse of Approval.
a. Unless the City Council specifically approves a different time when action is
officially taken on the request, the conditional use permit shall become null
and void twelve (12) months after the date of approval, unless the property
owner or applicant has substantially started the construction of any building,
structure, addition or alteration, or use requested as part of the conditional
use. The property owner or applicant shall have the right to submit an
application for time extension in accordance with this section.
b. An application to extend the approval of a conditional use permit shall be
submitted to the Zoning Administrator not less than thirty (30) days before
the expiration of sold approval. Such an application shall state the facts of
the request, showing a good faith attempt to utilize the permit, and it shall
state the additional time being requested to begin the proposed construction.
The application shall be heard and decided by the City Council prior to the
lapse of approval of the original request
C. In making its determination on whether an applicant has made a good faith
attempt to utilize the conditional use permit, the City Council shall consider
such factors as the type, design, and size of the proposed construction, any
applicable restrictions on financing, or special and/or unique circumstances
beyond the control of the applicant which have caused the delay.
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RESOLUTION NO. 19-05-25
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY DAVE TRIEMERT OF CENTRAL AUTOMOTIVE
FOR CONDITIONAL USE PERMITS, FINAL PLAT, AND SITE
PLAN/DESIGN GUIDELINES REVIEW FOR AN AUTO REPAIR
FACILITY AT OSGOOD AVENUE AND 59TH STREET NORTH BE
APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Dave Triemert of
Central Automotive for Conditional Use Permits, Final Plat, and Site Plan/Design
Guidelines Review for an Automotive Repair Facility at Osgood Avenue and 59"' 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.
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. The subject
property requires a Conditional Use Permit to allow motor fuel stations, auto repair and
battery stores and service in the B-2 General Business District; and
4. The property has been platted as Outlot A of Oak Park Heights Auto
Plaza. The property is proposed to be re -platted as Lot 1, Block 1 of Oak Park Heights
Auto Plaza requiring the approval of a Final Plat; and
5. The Applicant is requesting two wall signs on one facade, requiring the
review of a Conditional Use Permit; and
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6. Design Guideline/Site Plan approval is required for the new building and
site improvements; and
7. City staff prepared a planning report dated May 2, 2019 reviewing the
request; and
8. Said report recommended approval of the two Conditional Use Permits,
Final Plat, Site Plan, and Design Guidelines review subject to the fulfillment of
conditions; and
9. The Planning Commission held a public hearing at their May 9, 2019
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 Dave Triemert of Central Automotive for
Conditional Use Permits, Final Plat, and Site Plan/Design Guidelines Review for an
Automotive Repair Facility at Osgood Avenue and 591h 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
the following, subject to the conditions as follows:
• Conditional Use Permit for the auto repair facility.
• Final Plat approval.
• Conditional Use Permit to allow two wall signs on one building fagade.
• Design Standards/Site Plan review.
The Final Plat shall be subject to review and approval of the City Engineer
and City Attorney. Connection charges and park dedication shall be paid
in accordance with the provisions of the Development Agreement.
2. As part of the Final Plat approval, the 30 -foot easement at the south
property line shall be reduced to 20 feet. A public hearing of the City
Council shall be conducted to consider the reduction of the easement
width.
3. The access point is subject to review and approval of Washington County.
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4. The grading, drainage and utility plans shall be subject to the review and
approval of the City Engineer. The drainage plans shall be subject to the
review of the Middle St. Croix Watershed District.
5. All lighting fixtures shall be full cut off and installed in compliance with
the lighting standards of the Zoning Ordinance.
6. The outdoor lighting shall be turned off one hour after closing, except for
approved security lighting. Any security lighting on the east elevation
shall be installed as a motion sensor fixture
7. The landscape and tree removal/replacement plans are subject to review
and approval of the City Arborist.
All signage shall be subject to final review and approval of City Staff for
conformance with Zoning Ordinance standards.
9. All noise generated from the store shall be compliant with Section
401.15.13.11 of the Zoning Ordinance. The service doors to the building
shall be closed at all times except when vehicles are moved in and out of
the service bays.
10. Mechanical equipment that is located on the roof or visible from street
level or from neighboring properties shall be screened with materials that
blend harmoniously with the building fagade materials and in accordance
with Section 401.15.E.10.e of the Zoning Ordinance.
11. The Planning Commission was favorable, and the City Council approves
the building design and finds the structure compatible with the Design
Standards.
12. The Planning Commission was favorable, and the City Council approves
the building material selection and colors.
13. There shall be no outside storage, including tires and auto parts. No
storage shall be allowed in trailers that are parked on the property.
14. The applicant shall be required to enter into a Development Agreement.
The development agreement shall be subject to the review and
approval of the City Attorney and City Council.
Approved by the City Council of the Cityof Park Heights this 28th
day of May 2019. �� f,
Mayor
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ATTEST: /
Eric A.
Ell
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CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMIT
FOR AUTOMOTIVE REPAIR BUSINESS
FOR CENTRAL AUTOMOTIVE AT OSGOOD AVENUE AND 59' STREET N.
Planner's File No.: 236.02-19.04 Date Issued: May 28. 2019
Legal Description: (Washington County Geo. Code: 04.029.20.11.0160)
Lot 1, Block 1, Oak Park Heights Auto Plaza 2°d Addition, according to the recorded plat thereof.
(formerly Outlot A, Oak Park Heights Auto Plaza, according to the recorded plat thereof)
Owner: David C. Triemert, Jr.
Central Automotive, LLC
1466160"' Street
Oak Park Heights, MN 55082
Applicant: Same
Site Address: **** 59`h Street N., Oak Park Heights, MN
Present Zoning District: B-2 General Business District
Permitted uses set forth in Ordinance 401 Section 401.30.E.3
I. CUP PERMIT: The property located in the B-2 general business district was an undeveloped outlot at
the time of application, and is subject to replatting by Applicant. The property site lies in close proximity to
both commercial and residential properties. Applicant proposes to use the Site for an automotive repair
business, with intent to develop this site and relocate Applicant's existing business from another site in the City.
The subject property requires a Conditional Use Permit to allow motor fuel stations, auto repair and battery
stores and service in the B-2 General Business District. The Applicant requested two wall signs on one fagade,
requiring specific approval of that condition. The proposed use satisfies all required conditions of the zoning code
and is in general conformance with the neighborhood.
All permits and uses applied for an auto repair facility are granted, including the request for two wall signs on one
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fagade, but shall be subject to the following conditions and/or restrictions imposed by the May 28, 2019 Resolution
of the City Council of the City of Oak Park Heights as follows:
The CUP is subject to approval and recording of the final plat of the site to amend its outlot
status, with the final plat subject to review by the City Engineer and City Attorney.
2. Pursuant to final plat approval, the 30 -foot public easement at the south property line shall be
reduced to 20 feet, and Applicant shall undertake all steps necessary to vacate the other 10 feet of
easement area.
3. The applicant shall be required to enter into a Development Agreement. The development
agreement shall be subject to the review and approval of the City Attorney and City Council.
4. Connection charges and park dedication shall be paid in accordance with the provisions of the
Development Agreement.
5. The final public roadway access point shall be subject to review and approval by Washington
County.
6. The grading, drainage and utility plans shall be subject to the review and approval of the City
Engineer. The drainage plans shall be subject to the review of the Middle St. Croix Watershed
District. The onsite stormwater drainage pond/structures shall be subject to all maintenance and
upkeep requirements in the Development Agreement.
7. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of
the Zoning Ordinance.
8. The outdoor lighting shall be turned off one hour after closing, except for approved security
lighting. Any security lighting on the east elevation shall be installed as a motion sensor fixture
9. The landscape and tree removal/replacement plans shall be reviewed and approved by the City
Arborist.
10. All signage shall be reviewed and approved by City Staff for conformance with Zoning
Ordinance standards.
11. All noise generated from the store shall be compliant with Section 401.15.B.11 of the Zoning
Ordinance. The service doors to the building shall be closed at all times except when vehicles are
moved in and out of the service bays.
12. Mechanical equipment that is located on the roof or visible from street level or from neighboring
properties shall be screened with materials that blend harmoniously with the building fagade
materials and in accordance with Section 401.15.E.10.e of the Zoning Ordinance.
Page 49 of 104
13. The final building design standards and site plan shall conform to the plans and specifications as
submitted to and approved by the City Council.
14. The final building material selection and colors shall conform to the plans and specifications as
submitted to and approved by the City Council,
15. There shall be no outside storage, including tires or auto parts. No storage shall be allowed in
trailers parked on the property.
111. Reference Attachment:
The reports of the City Planner dated May 2, 2019 and all exhibits therein, including site plan approved by
the City Council, City Arborist memo, and City Engineer memo, are annexed hereto by reference as
"Exhibit A."
IV. Abandonment: This Conditional Use Permit shall become null and void twelve (12) months after the date
of approval unless Applicant has substantially started the construction of the building approved as part of
the conditional use. This permit requires continuous use in order to preserve the Conditional Use granted
by the City under the terms hereof. Any discontinuation or abandonment of the uses permitted hereunder
upon the site for a period of 12 continuous months shall constitute abandonment and void the permit.
V. Annual review: Annual review is not imposed as a condition of this permit
Date:
Date:
Date:
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
CITY
Eric Johnson
City Administrator
David Triemert JR
13y %,
David -t. Triemert, Jr.
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