HomeMy WebLinkAbout14-168 - ADMIN Resolution - City Council - 2014/11/17RESOLUTION NO. 14-168
RESOLUTION GRANTING CONDITIONAL USE PERMITS
RELATING TO ZONING TO PERMIT GRADING, MOTOR VEHICLE
SALES, SERVICE AND REPAIR FOR
PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT
LOCATED AT 6475 AND 6501 WAYZATA BOULEVARD
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. NLD 394 LLC has made application to the City Council for a Conditional Use Permit
under Section 36-79 of the St. Louis Park Ordinance Code for the purpose of grading land and
Section 36-194 permitting motor vehicle sales, service and repair within a C-2 General
Commercial District located at 6475 and 6501 Wayzata Boulevard for the legal description as
follows, to -wit:
Lots 3 and 4, Block 1, Lou Park Addition, Hennepin County, Minnesota
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 14 -21 -CUP) and the effect of the proposed car dealership on the health,
safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic
conditions, the effect on values of properties in the surrounding area, the effect of the use on
the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance
3. The Council has determined that the car dealership will not be detrimental to the health,
safety, or general welfare of the community nor will it cause senous traffic congestion nor
hazards, nor will it senously depreciate surrounding property values, and the proposed car
dealership is in harmony with the general purpose and intent of the Zoning Ordinance and the
Comprehensive Plan.
4. The contents of Planning Case File 14 -21 -CUP are hereby entered into and made part of
the public hearing record and the record of decision for this case.
Conclusion
The Conditional Use Permit to allow grading, motor vehicle sales, and service and repair at the
location described is granted based on the findings set forth above and subject to the following
conditions:
1. The site shall be developed, used and maintained in accordance with Exhibits
incorporated by reference herein
2. All conditions for storm water management shall be met.
3. Pnor to any land disturbing activities, excluding building demolition, the following
conditions shall be met:
a. All necessary permits must be obtained, including from the Bassett Creek
Watershed District.
b. Trucks bringing fill to the site must adhere to the haul route as outlined in the
Official Exhibits.
c. Certification must be provided that fill matenal to be used on site is clean and
' meets industry standards for the purpose.
4. Pnor to issuing the building permit, the following conditions shall be met:
Resolution No. 14-168 -2-
a. Applicant shall submit financial security in the form of cash escrow or letter
of credit in the amount of 125% of the costs of landscaping and imgation,
storm water management, and the repair/cleaning of public streets and
utilities.
b. The two subject properties must be combined into one parcel and proof of
recording the combination with Hennepin County must be provided to the
City.
c. Applicant shall submit cash in lieu of caliper inches required, per the City's
tree replacement calculation, per caliper inch not provided on the site.
d. Assent form and official exhibits must be signed by the applicant (or applicant
- and owner if applicant is different from owner).
5. The applicant shall comply with the following conditions during construction:
a. All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10:00 PM and 7:00 AM, Monday
through Friday, and 10:00 PM and 9:00 AM, Saturday, Sunday and Holidays.
b. The site shall be kept free of dust and debris that could blow onto neighbonng
properties.
c. Public streets shall be maintained free of dirt and shall be cleaned as
necessary.
d. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of excavation on surrounding
properties.
6. All utilities shall be buried.
7. No previously registered but currently unlicensed or inoperable vehicles shall be stored
on premises.
8. A minimum of 50 percent of the vehicles for sale on the premises shall be new vehicles.
9. Inventory sold on the open lot must be the same, or associated with inventory sold
within the building.
10. String lighting shall be prohibited.
11. No test driving shall be permitted on local residential streets.
12. No outdoor public address system shall be permitted.
13. Parking spaces for customers, employees, and inventory shall be signed and used as
indicated on the Official Exhibit.
14. No motor vehicle transport stopping, loading or unloading shall be permitted on any
public street. The property owner is responsible for any damage to public nght-of-way
property and infrastructure and will be required to cover any expenses related to the
repair of such damage.
15. No display or storage of motor vehicles shall be permitted on any public right-of-way.
16. No auto body repair or painting shall occur on the premises.
17. All repair, assembly, disassembly and maintenance of vehicles shall be inside a closed
building except tire inflation, changing wipers or adding oil.
18. Approval of a Building Permit, which may impose additional requirements.
In addition to any other remedies, the developer or owner shall pay an administrative fee of $750
per violation of any condition of this approval.
Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or
structure for which the conditional use permit is granted is removed.
Resolution No. 14-168 -3-
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Re ie ' ed for Administration:
City ! 1!l.er
Attest.
City Clerk
Adopted by the City Council November 17,
201
Mayo/ /�
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• IIluIIIIIII
l REDS/VED
IJAN 6 2015
1OFFICE OF THE CITY CLERK
ill 1111100111111111
Doc No A10145136
Certified, filed and/or recorded on
Dec 11, 2014 2 00 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McMormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 52 Pkg ID 1185001M
Doc Name Conditional Use Permit te6. )J6 , 11—Ikg
Document Recording Fee $46 00
Document Total $46 00
This cover sheet is now a permanent part of the recorded document
•7SCT.I
LOUOFIS
RK
•
Administration Office
5005 Minnetonka Boulevard
St. Louis Park MN 55416
(952) 928-2840
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ST. LOUIS PARK )
The undersigned hereby certifies the following:
"Ci TY COUNCIL RESOLUTION"
1) The attached is a full, true and correct copy of the ongmal
Resolution No. 14-168 adopted November 17, 2014 and on file in
the Office of the City Clerk
2) The City Council meeting was held upon due call and notice.
WITNESS my hand and the Seal of the City of St Louis Park.
_Ce-
/-e-r-A3516�
7
ancy Stroth
City Clerk
Date. December 4, 2014
RESOLUTION NO. 14-168
RESOLUTION GRANTING CONDITIONAL USE PERMITS
RELATING TO ZONING TO PERMIT GRADING, MOTOR VEHICLE
SALES, SERVICE AND REPAIR FOR
PROPERTY ZONED C-2 GENERAL COMMERCIAL DISTRICT
LOCATED AT 6475 AND 6501 WAYZATA BOULEVARD
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. NLD 394 LLC has made application to the City Council for a Conditional Use Permit
under Section 36-79—of the St. Louis Park Ordinance Code for the purpose of grading land and
Section 36-194 permitting motor vehicle sales, service and repair within a C-2 General
Commercial District located at 6475 and 6501 Wayzata Boulevard for the legal description as
follows, to -wit:
Lots 3 and 4, Block 1, Lou Park Addition, Hennepin County, Minnesota
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 14 -21 -CUP) and the effect of the proposed car dealership on the health,
safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic
conditions, the effect on values of properties in the surrounding area, the effect of the use on
the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance.
3. The Council has determined that the car dealership will not be detrimental to the health,
safety, or general welfare of the community nor will it cause serious traffic congestion nor
hazards, nor will it senously depreciate surrounding property values, and the proposed car
dealership is in harmony with the general purpose and intent of the Zoning Ordinance and the
Comprehensive Plan.
4. The contents of Plammng Case File 14 -21 -CUP are hereby entered into and made part of
the public hearing record and the record of decision for this case.
Conclusion
The Conditional Use Permit to allow grading, motor vehicle sales, and service and repair at the
location described is granted based on the findings set forth above and subject to the following
conditions:
1. The site shall be developed, used and maintained in accordance with Exhibits
incorporated by reference herein.
2. All conditions for storm water management shall be met.
3. Prior to any land disturbing activities, excluding building demolition, the following
conditions shall be met:
a. All necessary permits must be obtained, includmg from the Bassett Creek
Watershed District.
b. Trucks bringing fill to the site must adhere to the haul route as outlined in the
Official Exhibits.
c. Certification must be provided that fill material to be used on site is clean and
meets industry standards for the purpose.
4. Prior to issuing the building permit, the following conditions shall be met:
•
•
Resolution No. 14-168 -2-
a. Applicant shall submit financial security in the form of cash escrow or letter
of credit in the amount of 125% of the costs of landscaping and irrigation,
storm water management, and the repair/cleaning of public streets and
utilities.
b. The two subject properties must be combined into one parcel and proof of
recording the combination with Hennepin County must be provided to the
City.
c. Applicant shall submit cash in lieu of caliper inches required, per the City's
tree replacement calculation, per caliper inch not provided on the site.
d. Assent form and official exhibits must be signed by the applicant (or applicant
and owner if applicant is different from owner).
5. The applicant shall comply with the following conditions during construction:
a. All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10:00 PM and 7:00 AM, Monday
through Friday, and 10:00 PM and 9:00 AM, Saturday, Sunday and Holidays.
b. The site shall be kept free of dust and debris that could blow onto neighboring
properties.
c. Public streets shall be maintained free of dirt and shall be cleaned as
necessary.
d. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of excavation on surrounding
properties.
6. All utilities shall be buried.
7. No previously registered but currently unlicensed or inoperable vehicles shall be stored
on premises.
8. A minimum of 50 percent of the vehicles for sale on the premises shall be new vehicles.
9. Inventory sold on the open lot must be the same, or associated with inventory sold
within the building.
10. String lightmg shall be prohibited.
11. No test dnving shall be permitted on local residential streets
12. No outdoor public address system shall be permitted.
13. Parking spaces for customers, employees, and inventory shall be signed and used as
indicated on the Official Exhibit.
14. No motor vehicle transport stopping, loading or unloading shall be permitted on any
public street. The property owner is responsible for any damage to public nght-of-way
property and infrastructure and will be required to cover any expenses related to the
repair of such damage.
15. No display or storage of motor vehicles shall be permitted on any public right-of-way.
16. No auto body repair or painting shall occur on the premises.
17. All repair, assembly, disassembly and maintenance of vehicles shall be mside a closed
building except tire inflation, changing wipers or adding oil.
18. Approval of a Building Permit, which may impose additional requirements.
In addition to any other remedies, the developer or owner shall pay an administrative fee of $750
per violation of any condition of this approval.
• Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or
structure for which the conditional use permit is granted is removed.
Resolution No. 14-168 -3-
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Re 'e ' ed for Administration:
City', 1tl.er
Attest:
Adopted by the City Council November 17,
2014
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Mayo,