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HomeMy WebLinkAbout08-06-27 RESOLUTION NO. 08 - 06 -27 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 JACOB HOLDINGS OF 60 STREET LLC AND JACOB HOLDINGS OF OSGOOD AVENUE LLC FOR AN AMENDED CONDITIONAL USE PERMIT RELATIVE 10 REVISING THE CONDITIONS OF THE APRIL 25, 2006 CONDITIONAL USE PERMIT FOR THE AUTO SALES LOTS AT 14702 AND 14738 60 STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Jacob Holdings of 60 Street LLC and Jacob Holdings of Osgood Avenue LLC for an amended conditional use permit relative to revising the conditions of the April 25, 2006 conditional use permit for the auto sales lots at 14702 and 14738 60 Street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that • the application be approved with conditions. The City Council 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. A conditional use permit was approved by the City Council at their April 25, 2006 meeting with amendments to the conditions of the original conditional use permit granted on December 9, 2003; and 4. The applicant has requested an amendment of the conditional use permit to extend the timeline for conditions to December 31, 2009, allowing for a new Ford dealership to be constructed in the Oak Park Station at 58 Street and Highway 5 and the properties at 14702 and 14738 60 Street North to be redeveloped; and 5. City staff prepared a planning report dated June 5, 2008 reviewing the amended conditional use permit; and • 6. City staff recommends in the June 5, 2008 planning report that the request be approved with conditions; and 7. The Planning Commission held a public hearing at their June 12, 2008 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved 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 Jacob Holdings of 60 Street LLC and Jacob Holdings of Osgood Avenue LLC for an amended conditional use permit relative to revising the conditions of the April 25, 2006 conditional use permit for the auto sales lots at 14702 and 14738 60 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. A letter of credit in the amount of $80,000 be submitted to the City, subject to the terms • of the City Attorney, to be released when all of the conditions of this conditional use permit are complied with. 2. The canopy structure at 14738 60 Street North be removed prior to December 31, 2009. 3. All exterior storage of tires, storage containers, equipment, and the wood garage structure shall be removed by August 1, 2008. A trash storage enclosure shall be installed by the applicant by August 1, 2008, subject to review and approval of City staff. And the revised conditions from the April 25, 2006 conditional use permit as follows: 4. The City finds that the project is consistent with the conditional use permit criteria found in Section 401.30.E of the Zoning Ordinance. 5. The subject property at 14738 60 Street North be combined with the main dealership property at 14702 60 Street North in compliance with Section 402, the Subdivision Ordinance no later than December 31, 2008. 6. No repair work or servicing of vehicles shall be allowed on the subject property at 14738 60 Street North. 7. No signage shall be allowed on the property at 14738 60 Street North. 8. The applicant shall submit a revised site plan indicating a 10 foot driveway and parking area setback, parking areas, vehicle display areas, and access drives with concrete curb 2 and gutter, subject to review and approval of the City Engineer. The parking lot and required landscape improvements shall be completed no later than December 31, 2009. 9. The grading and drainage plan shall be submitted to the City and is subject to review and approval of the City Engineer and Middle St. Croix Water Management Organization by December 31, 2009. 10. The applicant shall keep open the driveway access to Osgood Avenue and the Highway 36 frontage road. 11. A landscape plan shall be submitted by the applicant, subject to review and approval of the City Arborist by December 31, 2009. 12. The applicant shall submit a revised lighting photometric plan with all site lighting subject to review and approval by the City by December 31, 2009. 13. The applicant is requested, but not required, to replace the exterior broadcast paging system with hand held paging systems. Upon replacement of the external paging system, a hand held paging system shall be implemented at the main dealership property at 14702 60 Street North and the subject property at 14738 60 Street North. 14. Architectural lighting on the existing building at 14738 60 Street North shall be dimmed • at night to a level that is acceptable to the City. 15. Forty -seven parking stalls shall be dedicated to customer and employee parking and 16 stalls shall be dedicated for service at the main dealership property at 14702 60 Street North. 16. The applicant shall submit a revised site plan for the main dealership property at 14702 60 Street North indicating a 10 foot driveway and parking setback with parking areas, vehicle display areas, and access drives constructed with concrete curb and gutter and landscaping, subject to review and approval of the City Engineer. The parking lot and required landscape improvements shall be completed no later than December 31, 2009. 17. All signage at the main dealership property at 14702 60 Street North shall be brought into conformance with the City's Sign Ordinance found in Section 401.15.G of the Oak Park Heights Zoning Ordinance no later than October 15, 2008. 18. All lighting, including fixtures and photometrics, at the main dealership property at 14702 60 Street North, shall be brought into conformance with the City's lighting requirements found in Section 401.15.13.7 of the Oak Park Heights Zoning Ordinance no later than December 31, 2009. 19. The applicant shall submit a development application by December 31, 2009 to the City for a new dealership building and site improvements that includes the properties at 14702 60 Street North and 14738 60 Street North. The applicant shall be required to post a cash or letter of credit security satisfactory to City staff with the development application 3 for the total cost of the improvements to satisfy the conditions of the conditional use permit granted for the subject property on June 24, 2008. 20. The applicant shall complete the conditions of the conditional use permit granted for the subject property on June 24, 2008 no later than December 31, 2009. 21. If any of the above stated conditions are not complied with, the applicant shall remove all of the vehicles from the property at 14738 60 th Street North and cease all car dealership operations at that site no later than December 31, 2009. 22. No parking of car transports or delivery trucks shall be allowed on the Highway 36 frontage road or on City streets. Approved by the City Council of the Cit ogeaet, ghts this 24 th day of J Davi or A S / ri A. Johnson, City Administrator 4