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HomeMy WebLinkAbout13-059 - ADMIN Resolution - City Council - 2013/04/15RESOLUTION NO. 13-059 RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO PERMIT MOTOR VEHICLE SALES FOR PROPERTY LOCATED AT 1820 QUENTIN AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. The Luther Company, LLLP has made application to the City Council for a Conditional Use Permit under Sections 36-194(d)(2) and 36-194(d)(3) of the St. Louis Park Ordinance Code for the purpose of Motor Vehicle Sales with Service and Repair within a C-2 General Commercial Distract located at 1820 Quentin Avenue South for the legal description as follows, to -wit: That part of the Westerly 522 feet of the Southeast % of the Southwest '/ of Section 30, Township 29 North, Range 24 West and the Westerly 522 feet of the Northeast '/ of the Northwest '/ of Section 31, Township 29 North, Range 24 West, lying south of Cedar Lake Road, and east of State Belt Line Highway 100 and west of the line descnbed as follows: beginning at a point in the south line of Cedar Lake Road distant 334.9 feet easterly along said south line from its intersection with the center line of State Belt Line Highway 100; thence southeasterly at an angle of 73 degrees 40 minutes with the south line of said Cedar Lake Road 380 feet more or less to the center line of State Aid Road No. 16; and which hes northerly of the following described hne: beginning at the intersection of the north line of Section 31, Township 29, Range 24 and the center line of State Aid Road No. 16; thence southwesterly along the center line of said road 350.8 feet; thence southeasterly at right angles to said center line 40 feet to the northerly right of way line of the Great Northern Railroad; thence southwesterly along said railroad right of way line to the easterly line of State Belt Line Highway 100. Except that part thereof which lies westerly of a line run parallel with and distant 12 feet easterly of Line 1 descnbed below. Line 1. From a point on the north line of said Section 31, distant 1217.03 feet west of the North Quarter Corner thereof, run southerly at an angle of 78 degrees 44 minutes 47 seconds from said north section line (measured from west to south) for 288.91 feet to the point of beginning of Line 1 to be descnbed; thence run northerly on the last descnbed course for 295 feet; thence deflect to the right on a tangential curve having a radius of 2864.79 feet and a delta angle of 04 degrees 40 minutes 26 seconds for 233.69 feet and there terminating 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 13 -14 -CUP) and the effect of the proposed use on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties m 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 Motor Vehicle Sales will not be detnmental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in Resolution No. 13-059 -2- harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive — -- --Plan. 4. The contents of Planning Case File 13 -14 -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 Motor Vehicle Sales, 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. Fire lanes shall be in accordance with exhibit C-201. 3. All conditions for stormwater management shall be met. 4. All necessary, permits must be obtained, including from the Minnehaha Creek Watershed District. 5 Pnor to issuing the building permit, the following conditions shall be met. a. Applicant shall submit financial secunty in the form of cash escrow or letter of credit in the amount of 125% of the costs of landscaping, stormwater, bringing the northwest corner of the property into compliance with the parking setback requirement, and the repair/cleaning of public streets and utilities. b. Assent form and official exhibits must be signed by the applicant and owner. 6. The applicant shall comply with the following conditions dunng 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. 7. All utilities shall be buried. 8. No inoperable vehicles shall be stored outside after business hours. 9. Operable vehicles that are on site for service may not be stored outdoors overnight for more than three consecutive days. 10. A minimum of 50 percent of the vehicles for sale on the premises shall be new vehicles. 11. String lighting shall be prohibited. 12. Test driving is prohibited on local residential streets. 13. Outdoor public address systems are prohibited. 14. Parking spaces for customers, employees, and inventory shall be signed and used as indicated on the Official Exhibit. 15 No motor vehicle transport stopping, loading or unloading shall be permitted on any public street. 16. The property owner is responsible for any damage to adjacent public infrastructure resulting from freight deliveries to the site, and will be required to cover any expenses related to the repair of such damage. 17. No display or storage of motor vehicles shall be permitted on any public right-of-way. Resolution No. 13-059 -3- 18. All repair, assembly, disassembly and maintenance of vehicles shall be inside a closed building except tire inflation, changing wipers or adding oil. 19. 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. 20. 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. 21. Approval of a Building Permit, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution m the Office of the epin County Register of Deeds or Registrar of Titles as the case may be. Rev for Administration: Cit ager - - I Attest: City Clerk • • Adopted by the City Council Apnl 15, 2013 Mayor