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HomeMy WebLinkAbout2010-05-25 CC Packet EnclosureMeeting Date Time Required: 1 Minute Please see attached from Scott Richards Oak Park Heights Request for Council Action Agenda item Title: Transfer of Conditional tise Pr.lalit(Amended) - Light Year Auto k1 to Qriginal Owner Auto Inc. Agenda Placement New Busjij Originating Jric Johnson, City Administpytor /./ Requester's Signature 7 Action Requested ApprovOmended CUP Background/JustificatioOlease indicate if any previous action has been taken or if other public bodies haw, advised): 1, Planning Report dated May le, 2010 Proposed City Council Resolution 3. Development Application from Light Year Auto 1 Oak Park f_te LaCasse 4. Copy of current Doom I& Thorbus CUP to be amended. Page 65 of 96 RE: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: PLANNING REPORT T{]: Eric Johnson FROM: Scott Richards DATE: May 19, 2010 FILE N[): 798.02-10.02 BACKGROUND Attached for reference: CONCLUSION 1 RECOMMENDATION Appicat[on for Amended CUP — Original {]vvn8rAUt0s\nC. Signed CondtionaI Use Permit Notice of Certification Pianning Report dated June 3, 2004 NISULTANTS, INC. 1800 Olson Memorial Highway, Suite 202 Golden Valley, MN 56422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com (]@k Park HeightS — LightYearAUto LLC, Transfer of Conditional Use Permit Conditions to Original DVVDerAuto. Inc. — 14398 59 Street North Ryan Redmond, representing Originai Owner Auto Inc., has made application to allow a transfer of the auto sales business that will be operating under the existing conditional use permit (CUP) at 14398 59m Street North. The CUP had originally been issued to Doom and Thorbus iU June 2004. It was transferred in February 2008 to Light Year Auto LLC. The transter of the CUP will aiiow Mr, Redmond to operate as Original Owner Auto, Inc. in the sarne location and under the sarne conditions as the originai CUF. City staff has met with Mr. Redmond regarding his proposed business in Oak Park Heights. He is aware of and is fully agreeable to the conditions of the CUP that were approved in 2004. The nature of his business is very similar to the two previous car businesses operating out of this location. City staff has not received any complaints Page 66 of 96 from the surrounding neighborhood or commercial business operations in the vicinity. We would recommend the request and application but with one added condition: o. Upon vacation of the premises by the automobile sales business, the applicant or property owner must contact the City of Oak Park Heights, 2 Page 67 of 96 A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE E CITY COUNCIL THAT THE REQUEST BY ORIGINAL OWNERS AUTO, O, I N a FOR TRANSFER `1_ F THE CONDI 1 IONAL USE PERMIT TO ALLOW OUTDOOR AUTO SALES AT 14398 59 STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Original Owners Auto Inc. to transfer the conditional use permit to allow outdoor auto sales at 14398 59 Street North and after due consideration, the City Council makes the following findings of' fact and resolution: follows,. lows. t:o wit: and RESOLUTION NO. CITY COUNCIL CITY 01? OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA 1. 'the real property affected by said application is legally described as 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following ite ams: and SJ..1 ATTACHMENT TAC.1. lMEN`1 13 3. 'file subject site is zoned 11-2, General Business District in which outdoor auto sales in a conditional use; and A conditional use permit_ was issued on June 22, 2004 to Doom and '1 `horbus for outdoor auto sales at the subject site; and 5. The conditional use permit was transferred to 1.,i ht Year Auto 1-- ..1.aC: in February 2008; and 6. ,.l he applicant has submitted an application to transfer the conditional use permit to Original Owners Auto, Inc. . and agreed to conduct the business under the previously adopted conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY of OAK PARK HEIGHTS TIIAT TH E CITY COUNCIL APPROVES VES T E FOLLOWING: A The application submitted by [Original owners Auto Inc, to transfer the conditional use permit to allow outdoor auto sales at 14398 59th Street North and affecting the real property as follows: Page 68 of 96 SEB ATTACHMENT lMENT A Be and the same as hereby approved by the City Council of the City of Oak Park 1-Heights with the following conditions: All cars sold outside shall be shown by appointment only. 2. 'There shall be no advertising of the business that would invite the public to view the inventory on site. 3, There shall he no special event advertising devices such as business, flags, or prices on s windows used on site. All cars shall he presentable and in full operable condition. One two foot by three foot wall sign shall be allowed for the operation, subject to review and approval of City staff. 6. No more than five for sale cars shall be kept on site at any given time. 7, No automobile repairs shall be clone in the parking lot for the operation. 8. There shall be no exterior storage of automobile parts., accessories, or related items on site. 9. All noise created from the operations shall be in conformance with Section 401.15.13.11 of the Zoning Ordinance. 1. o. The sales operation shall not be operated between the hours of 10:00 PM and 6 :00 AM, 1 1. The property owner sl.hall. work - with the adjacent single family owner to determine if any additional screening or landscaping is necessary in their side yard to screen the commercial building and parking area. The property owner shall develop a screening/ landscaping plan subject to review and approval of the City stale. The approved screening /landscaping plan ,Tall be installed 90 days following City Council approval of the conditional use permit. 12. The /property owner shall develop a plan to screen the trash dumpsterse subject to review and approval of City staff The approved screening plan shall be installed 90 days following City Council t:1pproval of the conditional use permit. 13. One additional disability accessible stall shall be designated near the rear of the building, subject to review and approval of the City staff. 1 The tenant may designate up to five parking spaces for exclusive use of' the auto sales business. 9 Page 69 of 96 1 5. The Police Department and Pubic Works Department shall review the site and make a recommendation regarding ooh-- street parking and loading access for 59 Street - North, Olene Avenue North, Olinda Avenue North, and 60 Street North. 16. The property owner shall stripe all 41 parking stalls on the property. 17. No ooh- street parking is allowed for this business. 18. This conditional use permit shall the reviewed in one year to determine if the business is in conformance with these conditions of approval. 1 if the exterior lighting on the building is non-conforming, it shall be brought into compliance with City standards. 20, Upon vacation oI'the premises by the automobile sales business, the applicant or property owner ihhust contact the City of Oak Park Heights. ATTEST: : Approved �. by the City (::ouihci.1 of the City of Oak Park Heights ghts this 25th day of May 201.0. Eric A..1olhnsou, City Administrator David Beatidet, Mayor 3 Page 70 of 96 CITY OF OAK PARK HEIGHTS eDEVELOPMENT APPLICATION Owner: lare__.Mw_. Address: City: LT_ Description of Request(s): ` 1 Owner /Applicant lniUi C-2 14168 Oak Park Boulevard P.O. Box 2007 Oak Park Heights, MN 55082 (651) 439-4439 Fax: (651) 4.3.9-0574 Street Location of Pro per f Yit Legal Description of Property (x) Type of Request(s) Zoning District Amenddnne y• Conditional Use Permit / Variance: Single Family Residential r. t_nvz State: Variance: Other Residential /Commercial /Industrial Subdivision Subdivision: Minor Comprehensive Plan Amendment Base Fee: Escrow Amount:. (Othpr), ,f. . Pyc,, 0)-16 r Zip: C)ccuption Site Plan Review MD: D: Amendment PUD: Concept In PUD: General flan - City Financial Assistance j iis 55O\ Tele• Shane: lame (Business) _( / /; ,:....µ (Fax) __</3 21V_ (Othe i) .____ (Q.— L. -- 1 6, - 2/ 7 9 Applicant: Name i a/J r� �r� Address: :: . ) 51"( , . _. _m. ._.__ C if : i Ucic State: _At__ ....r Zip: 5 5 Telephone: (Horne) (BUsiIess) If request for planning /zoning action an the subject site or any part thereof has been s�l a: r verb please describe i below: pj:evioti Page 71 of 96 Development Application, Ppge AnpUdat�DReY)e�' ^�undersigned ����R��������\S���C8Dbe�UG�8�8�� —ph�d/8l< '^ before must be paid City. An incomplete /DforDla�On8Dd fees, including 'aDyd8DoS�8,D1U .-�8 the ., required VV�|be returned t0 the applicant. The application approval process oUDlr�encR8and application O'�S considered complete all required information and fees are submitted an application ~ ' - appropriately to the City. Professional Feb / the professona1 fees and expenses o- oos|8ted with the processng of this RaqUeSt/ \vv\)\ be promptly paid upon receipt. if payment is not received from �tho8ppl\coUt`Hlep[op0.'' owner QokhOVvedgeSaDdaQ[oea responsible i�|Hfo[t�8Un�8\�f�e��|�D0ooithorbyd�[ootoroopeO| against the property. Applicants wiU be billed or a monthly basis for Panning Engineering, Lega and Communfty Deveoprnent fees as they are accrued. It is understood that nterest will he charged on the account at the maximum rate al\0Vvec,1 by the Fair Credit Act \[i becomes thirty (3U) days past due. Failure, to pay administrative and processing fees in a timely manner may result in denial of application. |\ Ali fees must be paid at the time of application and shall he paid prior to the issuance ofo building permit. The unders `"nedappUcoDt.furthe[ookUovV|edges8DdUoDeentnthQ1aU unp8\dfee8 owing the City ofOah8rk Heights shall he treated as unpaid utility fees and may be certified for collection a as with delinquent uti1it biIlings and may be assessed ag!nst the subject real � property <f unpaid byOotobe[.31 0feochy88[. / Owner Sign — \ - pficant Signature ProppyliAddress General Conditions /,\ Date: } �� • Date: Page 72 of 96 Julie Hultman From Kevin J. LaCasse [klacasse c ©greystone- comrnercial.com] Sent: Monday, April 05, 2010 9:19 AM To: Julie Hultman Cc: 'Scott Richards`; Eric Johnson; 'Ryan Redmond'; 'Lynn Robson' Subject: FW: CUP Documents- 14398 59th Street, Oak Park Heights Hi Julie, Below is the information that Scott had requested that we send you. Thanks for your help and just let us know if you have questions! Kevin From: Ryan Redmond [mailto:reds82 cI livekcomJ Sent: Monday, April 05, 2010 8:40 AM To: klacasse ©greystone..cornmerciai Subject: RE: CUP Documents- 14398 59th Street, Oak Park Heights 3u lre, My name is Ryan Redmond. 1 any the business that is interested in the :14398 59th street property in Oak Park Heights. I am in the business of car sales especially on original owner ehicles to represent high quality and reliability. My primary focus is on the consulting side, 'inding cars and selling cars for individuals. 1 operate primarily through referrals as 1 am not a typical car dealer. 1 only have on hand 5 cars at most that I sell at a time This location looks to be a perfect fit for my business and I would love to operate my business at this property .1 have looked at the CUP and will have no problem working in the parameters of the CUP. If you have any questions please feel free to contact rr e at the number below, Thank you, Ryan Redmond Founder and CEO O riginal Owner Autos, Inc 952-250-2861 Ryan, 4/5/2010 c\ (.9 u.) From: kl acasse@gr -- eystarleµcomfercial.com To: reds82 ©live,com CC: lrobson ©comrn- nlgrnt.com Subject: FW: CUP Documents- 14398 59th Street, Oak Park Heights Date: Fri, 2 Apr 2010 07 :52:08 -0500 ( 2,n) \ T\ Page 1 of 3 Page 73 of 96 Return to: ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, PLLP Attn: Mark J. Vier ling 04 1835 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439-2878 Washington County Recorders Office www.comashingtorizmusireoprderditm 0 Incomplete or incorrect legal description Torrens property recorded Abstract incorrect reference number tj Reference number missing , Date :missing Grantor/Grantee. missing Wrong county YOUR DOCUMENT IS FILED IN MISCI4LANEQUS 11 NOTICE OF CERTIFICATION 3461472 11 1 1' Office of tho County Roof:dor Washington County, MN Gerillied filled andior recorded vd: 2004/08119 12:54:00 PM 3461472 Cindy Knosmata Coluity Attailitt ur docinnegt has been recorded however, for your information we s that you review your documerit. You .may want to x your document The following itein(s) are missing or in error: When re-recording the document, you must reference why the document is being re-recorded or corrected. Same recording fees will be charged for reTecordings. COMMENTS: DocumENT ci 7 / (_._/ MAIN # 430-6755 Page 74 of 96 STATE OF MINNESOTA . COUNTY o WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) NOTICE OF CERTIFICATION the undersigned, being duly qualified and acting as City .Administrator for. the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared tila attached document: Conditional Use Pe Inlit Fat Doom and Thorbus with the original there,of on file at the offices of: the City of Oak Park Heights, and that the same is a full, time and complete copy, except referenced attachments, which can be viewed at the city office, of said document within the files of the City of Oak Park Heights. NV:LT:NESS n hand and the seal of the City of Oak Park Heights, this 26th clay of July, 2004, Eric. jo City .A.d.rniri st .4 o. „ 6 ..-; 'J., 1 ; .„ , ,........ \ : .• , 1 , • il, ; 0 _...7 4:."1) . ____,,, ' 1- - • - • - 7 i .'-.. -- ' . . ' • • .. • '•-,;,...; ,... : i.ii •: Page 75 of 96 C' File Ni „ ! 7 98, 2, ,) )1'; Date Issue ► J ne 22 2004 Legal Description: (Washington County Geo, Code 91,2,1_,O, 2) d Tract A of Registered Land Survey No. 1.9, on file and of record ib. the office of the, Rcgi t ar of Titles in and for Washington County, Minnesota, except the east fifteen ( 15.00) feet thereof Applicant: David. Thorbus 324 South. Maid, 8t, Stillwater, iviN 55082 Owner: Oak Park 31.LC 324 South Main St. Stillwater, MN 55082_ Site Adddr es?:14398 59th Street OAK PARK HEIGHTS, MN 55082 CITY 01? OAK PARK TIMMS C NDf AL SE P 0171 FOR DOOM AND T1101031:0 Present Zoning District: Permitted uses set forth in Orc nance 401, Section 40L30 C()ND. TIO AL - USE PERMIT FOR: General Description: The application submitted David Thorbus to allow outdoor sales of automobiles at 14398 -59th h Sfteet Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1-VDDITIONAL RESTRICTIONS I'M PROVISIONS. Page 76 of 96 All oars sold outside shall be shown by appointment only 2. There shall be no advertising of the business that would, invite the public to view the inventory on site, 3. There shall be no special advertising ` l event advertisi devices such as business, flags, or prices on windows used on site. 4. All cars ,shall be presentable and in fell operable condition, ��e two foot by sign foot wall si gn shall be allowed for the operation, subject to review and approval of City staff. 6. No more than five for sale cars shall be kept on site at any given time. 7. No automobile repairs shall be done in the parking hot for the operation, There �. re shall be no exterior exterior storage of automobile parts, accessories, or related items on site. 9, T noise caseated from the operations shall be in conformance .ce with Section 401.153 ,11 of the Zoning Ordinance, ance, The sales operation shall not be operated between the hours of 10.:00 PM and 6:00 AM, The property shall work with the adjacent single family owner to determine if any additional 11, rlae � � per t � �r owner` s , , .. ' • side, yard_ to sc�:e�,�:� the commercial building r1rcl pa��king sc�� +c�e�.��.�; or landscaping is ��ccess��.y� :��� ��e� s � approval �c�v�,� �.i. o owner shall develop a screeiiin landsoapii g plan. subject to i'oview < �:nc� r- l p ` ' a�e��, T � � pro e�: t � a i x � � �� �lan sl�.all be installed 90 days following City the City sta 't_. T lie approved soz ee ingI1 ldsc alp g l Council approval of t: re oonditioual use per. it, .�f ., rloo l� � p ro ert owner shall develop a plan to screen the trash u psters, subject to review and approval. o:t= �r i' a s toff, ` he ap �� proved screening plan shall be .stalled 90 day's f ollow ng City Council appro - val of � the condlitional u e perrmit 13, additional disability accessible stall shall be designated near the reap• of the build_ ng, subject: to review and approval of the City staff. :['he tens nt ma designate up to five parking spaces for exclusive use of the auto sales business Police De ar t lent and Public Works )epart shall review the site and snake a recommendation l�, �l�ol � r egar a � . ' on- street pares . and loading access for 5 �cn Street North, Olene A.veumie North, Olinda d�u� Avenue North, and 60 Street north. 16, The property owner wall stripe all 41 parking stalls on the property. t 7 , No on- street parking is allowed for this b usineSs , Page 77 of 96 18, This conditional use permit shall be reviewed in one year to determine if the business is in conformance with these conditions of approval 19, If the exterior lighting on the building is non-conforming, it shall be brolight into compliance with City standards, �. R.eference Attachment: The recommendations of the City Planner date Rule 3, 2004 as adopted by the Planning on fission and City ouneii are annexed hereto be reference, IN WITNESS WHER M, the parties have set forth their hands and seals, crni HTS Date: By eaude hoc Johnson C i t y Adm ! •ato= David Thorms Page 78 of 96 RE ERO C ATEA I MENT Panning Consu t nt hille 3, 2004 report Page 79 of 96 011 4S“?CiA18D CON4ULTANItS, 5775 'Wayzata •outev6rcii. Sulfe 5615, st. Louis Park, MN' 65-41•6 Teldphi5116: 052.5.06_9686 Fa:csiniI•1: 0625,982.7 .planhers@nacPlarmingicerrri • PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: • June 3, 2004 RE Oak Park Heights -- Doom and Thorbus Automotive Consultants Outdoor Sales and Storage CUP -- 14398 59 Street North FILE NO: 798,02 --- 04,07 BACKGROUND David Thorbus, owner of Doom and Thorbus Automotive Consultants, has made application for a conditional use to allow for outdoor auto sales in the B-2, General Business District at 14398 59 Street North, Suite 4, The request is to allow a display area for five and fewer cars to comply with the State of Minnesota used car vehicle licensing requirements. The office area and car display area is behind the NAPA Auto Parts store, No changes to the exterior of the building or the parking area are proposed. A small wail sign will be added to the building to identify the business location. Attached for reference: Exhibit 1 Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Plat Map/Site Location Site Survey Site Plan Schematic Drawing of Building Project Narrative Pictures of Site ISSUES ANALYSIS Project Request, The request is to allow a maximum of five cars to be displayed for sale in the B-2, General Business District. Section 401.30.E.6 of the Zoning Ordinance lists open and outdoor services, sale and rental for new or used autos as a listed Page 80 of 96 conditional 1.,w4� �� fi ��Tvf to conditions, 1r. Thorbus, in Ns narrative, explains .that his 1 �d � V b�� e�� Mi his = Stillwater, r ` business is brokering new vehicles through dealers from his ofce in primary � fa�� �l. -l1 � � involves 1 sales of 1 e"�L,�YTned cars. small portion of the business involves wholesale and retail sale p, A sr�� p cars, -a �ota requires that a display area be in order to sell used cars, the State of Minnes his p st five car's, 1n that there is no room at his Grand Garage location in provided for at lea � � downtown Stillwater, he will maintain a small office and display area in Oak Park Heights, Mr. Thorbus proposes oses the following for the business at this location 1, Oars sold retail to the public area shown by appointment only. There will be no advertising that would involve the public to view the inventory at i � the site. 3. The public �i not be aware of the business as a retail operation. There will be � 11 s flags, or prices painted on the windows. A small sign (two feet by no bus�nes � _ � p three feet) provided be provided to identity the location, it would be located to the left of the entrance - e trance door to the office, not visible to the street and will not be r l ihted. 4. All cars win be presentable and in good condition, 5 No more than five for sale cars will be at the site at any given tin - ie. 6. No changes in site lighting will be made. The building is surrounded on the west and east by commercial Surrounding Uses. g road of Highway uses, To the north is 6O Street North, which is the frontage r�oa d y 36. To the south �� s is 5 th Street and single family properties zoned R-2, l..,ow and Medium � Density residential, there are 41 surface parking spaces on site for the building and its Parking. Currently tl�c parking uses, O ak Park Auto has an additional 5 spaces indoors within, their; service area, r. aces uire 17 s , Oak Park Auto would require 14 spaces, and the two �a�� would r� 1 � f � � a total of 40 required rr'e�l ice spaces an additional 9 (the proposed office- Included} for oft 1 parking spaces. . on site, there is adequate stalls to allow the five additional spaces With 46 total spaces � t .- rr� met and �ler�e Avenue required tor the auto sales business. The stalls abutting 59 Strcr North are not conforming l with current parking standards in that they back out directly r The site design is onto the right-of-way, and would be allowed to � grandfathered continue, There has ti not been p robienns in the past with this design in that both of the streets do not have high traffic counts, 2 Page 81 of 95 Only one disability accessible . stall is indicated on site and it is near the front entrance to the NAPA Store. In order to comply with State of Minnesota standards, an additional stall should be designated near the rear of the building, Signage, The applicant has indicated that a six square foot sign would be proposed on the left side of the entrance door to the office space. The sign would not be lit. The sign would be allowed as provided under Section 401,15,G, Signs of the Zoning • Ordinance, Lighting, No additional site lighting is proposed. Trash Enclosures,. The pictures of the site indicate that at least two dumpsters for the site are stored outside with no screening. To be consistent with Zoning Ordinance standards, the dumpsters should be stored indoors or provided with a screening enclosure, The property owner will be required to submit a plan indicating enclosures for the dumpsters, Conditional Use Permit Criteria. Section 401.30.E.6 of the Zoning Ordinance lists criteria for consideration of open and outdoor sales' fees for new or used automotive businesses, The criteria and staff comments are as follows: Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401:15,E of this Ordinance. a, The five parking spaces to be utilized for outdoor sales are adjacent to the entrance door for the office on 59 Street North, The parking stalls back directly onto 59 Street which is not allowed by current Zoning Ordinance performance standards but has been grandfathered as part of this building, The use directly to the south from this parking area is the side lot of a single family property zoned R-2, Low and Medium Density Residential, While landscaping on the subject property is not possible, the property owner .shouid work with the adjacent single family owner to determine if any addition& screening or landscaping could be placed on their property, b. Ail lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way orfrom neighboring residences and shall be in compliance with Section 401.15,13.7 of this Ordinance. No new lighting is proposed. Any screening as provided above should prevent existing lighting to interfere with the single family use, c. Sales and storage area is blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing. 3 Page•82 of 96 The area proposed for the ar e display area is currently paved. No cars will be � �' stored in the fenced area scale construction. materials, and functional plan �:� � The architectural appearance, � of the building and site shall not be dissimilar to the existing nearby commercial and resrdentiai lurid r ' buildings', and shall not cause impairment in property values, or constitute a blighting tin influence within a reasonable distance of the site The Wilding will not be altered from what exists, i provisions are made to resolve issues related to demand Adequate analysis and pr � � � .. to provide for services. No use shall be allowed that tell exceed the City's ability p utility, police, fire, administrative or other services to the site There would be no service issuQs resulting from this use. 1 All islands in the parking lot shall be landscaped. No changes to the parking areas are proposed, less ten (10) of feet shall be landscaped at the edge o all �. � than ,. . strip �3 0� r not � �., �,ss parking/driveway areas adjacent to lot lines and the public right- of-way. adjacent parking krn�� g areas were established before current parking performance standards and are grandfathered, h. All .��utor�otrve repair hair activities shall be conducted within the principal structure l and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. No repair aelivilies will he conducted as part of the requested use. i Facilities site contiguous to any residential �~ ��crlrt�es on � a site co ,� '� l district shall not be operated � � �d by formal the hours of 10:00 PM and 6 :00 AM unless otherwise allowe Y action of the city Council, The hours fisted - • above shall be made a condition of the approval. I"l�c Provisions are made { s f e to control and reduce noise in accordance with Section � ��d 401 ,15 B 11 of this Ordinance There should be no excessive noise resulting from this rinse, points shall create a minimum of conflict with through traffic lt. Vehicular access porn movement shall comply with Section 401.15.F of thi s Ordinance and shall be subject to the approval of the City Engineer. 4 Page 83 of 96 10, The sales operation shall not be operated between the hours of 10:00 PM and 6:00 AM. all work with the adjacent single family owner to determine 11, The roporty owner � , if additional screening or landscaping is necessary in their side yard to �� any ad��t�onal � screen the ho commercial building and parking area The property owner shall plan subject to review and approval of the City develop a screening/landscaping � � �� s roved screening/landscaping /landscaping plan shall b installed 90 y staff, The o a �� � City Cit council approval of the conditional use permit, 1r , The property owner shall develop a plan to screen n the trash du mpstors, subject � � to review and approval of City staff, The approved scro nIng plan shall be � �� the conditional use permit. 90 days following city council approval y 13, One additional disabilit accessible stall shall be designated near the rear of the building, subject to review and approval of the City staff, 14. Any other conditions of City staff, the Planning Commission, and the City Council, 6 Page 84 of 96