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HomeMy WebLinkAbout2012-10-23 CC Resolution 12-10-39 RESOLUTION NO. 1 2 - 0 - 39 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 DAVID PHILLIPS REPRESENTING FURY JEEP FOR AN INTERIM USE PERMIT TO ALLOW FOR 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 Fury Jeep for an Interim Use Permit to allow for automotive sales and service at 14702 60 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. Fury Jeep has requested an Interim Use to operate a Jeep sales and service operation out of the existing building until a new dealership facility and improvements are made to the existing site; 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 three years, with the possibility of an extension by the City Council; and 6. City staff prepared a planning report dated October 3, 2012 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 October 11, 2012 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the request 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 David Phillips, representing Fury Jeep for an Interim Use Permit to allow for automotive sales and service at 14702 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. The Interim Use of the site by Fury Jeep shall be limited to three 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 City will not require conformance with the Design Guidelines as part of the Interim Use approval. 3. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. 4. All new lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. All visible interior lighting shall also be full cut off. 5. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 6. Changes to the landscape or new plantings are subject to review and approval of the City Arborist. 7, 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. 2 8. The trash and recycling containers shall be stored inside the building or within the existing exterior enclosure. 9. The display with the Jeep on the boulders shall be allowed to remain for the duration of the Interim Use Permit. Signage on the Jeep shall be allowed for 90 days after opening of the Jeep dealership. 10. The sign specifications and methods of illumination shall be subject to review and approval of the City Planner at the time of permitting. 11. The City Council approves the proposed changes to the exterior of the building. Any exterior changes shall be subject to City Staff review and approval. 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 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 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. 16. 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 Heigh 's 23rd day of 0 : • er, 2012. / � i 4 D id Bea I e t, Mayor / ATT :. i ,/ . . ri A ohnson, City Administrator 3 Attachment A Physical Address: 14702 60th St. N. Washington County Property I.D.: 33- 030 -20 -43 -0042 Legal Description: Parcel C: Block 4, Summit Park, Washington County, Minnesota, excepting therefrom the East 362.80 feet thereof. Together with the South One -half (s 1/2) of vacated Clara Street lying between the West line of South Fourth Street and the East line of Meridian Street, now known as Oren Avenue, except the East 362.80 feet thereof. Torrens Certificate No. 55715 Parcel D: All of Blocks 5 and 8, Summit Park, except the East 181 feet thereof, except that part taken for highway; also together with the vacated William Street and the South half of vacated Myron Street accruing thereto, together with an easement for ingress and egress over and across the Westerly driveway located on the East 181 feet of said Blocks 5 and 8 of Summit Park; Washington County, Minnesota. Abstract Property The above description describes the same property as in Title Commitment File No. 31842 of Commercial Partners Title, LLC., dated April 1, 2009. 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.