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Res 2015-01 RESOLUTION NO. 2015 - 01 A RESOLUTION APPROVING SPECIAL USE PERMIT, SP #14-09 FOR OUTDOOR USED AUTO SALES, PETITIONED BY GOOD DEAL AUTO SALES, INC. ON BEHALF OF SHRANJIT SINGH, THE PROPERTY OWNER FOR THE PROPERTY LOCATED AT 7298 HWY 65 NE WHEREAS, Section 205.14.1.C.(2) of the Fridley City Code allows automobile agencies selling or displaying new and/or used vehicles in the C-2, General Business zoning district by a special use permit; and WHEREAS, on December 17, 2014, the Fridley Planning Commission held a public hearing to consider a request by Good Deal Auto Sales, Inc. for the property located of 7298 Hwy 65 NE in Fridley, legal description attached as Exhibit A, for a Special Use Permit SP# 14-09 for an outdoor used automobile sales use; and WHEREAS, on December 17, 2014, the Planning Commission unanimously recommended approval of Special Use Permit, SP #14-09; and WHEREAS, on January 5, 2015, the Fridley City Council approved the stipulations represented in Exhibit B to this resolution as the conditions approved by the City Council on Special Use Permit SP# 14-09; and WHEREAS, Section 205.05.5.G of the Fridley City Code states that this special use permit will become null and void one year after the City Council approval date if work has not commenced or if the petitioner has not petitioned the City Council for an extension; and WHEREAS, the petitioner, was presented with Exhibit B, the stipulations for SP# 14-09, at the January 5, 2015 City Council meeting and has agreed to abide by said stipulations in order to maintain SP# 14-09; NOW, THEREFORE, BE IT RESOLVED, that Special Use Permit SP# 14-09 and stipulations represented in Exhibit B are hereby adopted by the City Council of the City of Fridley. TH PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5 DAY OF JANUARY, 2015. _______________________________________ SCOTT LUND – MAYOR ATTEST: ________________________________ DEBRA A. SKOGEN - CITY CLERK Resolution No. 2015-01 Page 2 EXHIBIT A SP# 14-09 Special Use Permit for Outdoor Used Vehicle Display and Sales Good Deal Auto Sales, Inc. – 7298 Hwy 65 NE, Fridley, MN 55432 Legal Description for 7298 Hwy 65: That part of Lot 1, Block 1, Fridley Industrial Park Plat 1, which lies Easterly and Northeasterly of the following described line to wit. Commencing at the Northwest corner of said Lot 1; thence East along the North line of said Lot 1 on an assumed bearing of South 89 degrees 38 minutes East for a distance of 5 feet to the point of beginning of the line to be described; thence south 0 degrees 24 minutes 20 seconds East a distance of 15 feet; thence southeasterly on a tangential curve to the left with a radius of 205.58 feet, a distance of 211.07 feet; thence South 59 degrees 14 minutes 11 seconds East, tangent to last curve, a distance of 8.11 feet; thence on a tangential curve to the right with a radius of 260.82 feet a distance of 128.86 feet, more or less, to its intersection with the East line of said Outlot 1, Block 1, Fridley Industrial Park Plat 1 and there terminating, Anoka County, Minnesota. Except that part of said Lot 1, lying Northwesterly of the following described line to-wit: Commencing at the Northwest corner of said Lot 1; thence East along the North line of said Lot 1 on an assumed bearing of South 89 degrees 36 minutes East for a distance of 50 feet; thence Southwesterly on a curve concave to the Southeast and tangent to said North line, with a radius of 50 feet to its intersection with the above described line and there terminating, according to the recorded plat thereof. That part of Outlot 1, Block 1, Fridley Industrial Park Plat 1 which lies Easterly and Northeasterly of the following described line to-wit. Commencing at the Northwest corner of said Lot 1; thence East along the North line of said Lot 1 on an assumed bearing of South 89 degrees 36 minutes East for a distance of 5 feet to the point of beginning of the line to be described; thence South 0 degrees 24 minutes 20 seconds East a distance of 15 feet; thence Southeasterly on a tangential curve to the left with a radius of 205.56 feet, a distance of 211.07 feet; thence Southeasterly on a tangential curve to the left with a radius of 205.56 feet, a distance of 211.07 feet; thence South 59 degrees 14 minutes 11 seconds East, tangent to last curve, a distance of 8.11 feet; thence on a tangential curve to the right with a radius of 260.82 feet a distance of 128.86 feet, more or less, to its intersection with East line of said Outlot 1 and there terminating, according to the recorded plat thereof, Anoka County, Minnesota. Resolution No. 2015-01 Page 3 EXHIBIT B SP# 14-09 Special Use Permit for Outdoor Used Vehicle Display and Sales Good Deal Auto Sales, Inc. – 7298 Hwy 65 NE, Fridley, MN 55432 Stipulations: 1. The underground gasoline/diesel tanks and pumps shall be removed in accordance with an approved Response Action Plan (RAP), approved by the Minnesota Pollution Control Agency (MPCA) prior to issuance of a building permit for the remodel of the existing building or issuance of the City license to operate a car sales lot. 2. The petitioner shall apply for any required building permits for the remodel of the existing building. 3. The petitioner shall comply with any and all building, fire and ADA requirements. 4. The existing free-standing sign is located over a sewer line, as a result, the sign shall either be re- located on-site or an encroachment agreement with the City needs to be executed. 5. The petitioner shall submit a new site plan designated with customer and employee parking prior to issuance of a building permit for the remodel of the existing building or issuance of the City license to operate a car sales lot. 6. All parking stalls used on-site shall be designated through parking lot stripping, customer and employee parking shall be clearly marked. Parking stall size shall comply with code requirements. 7. No vehicles shall be parked in a manner so as to impede the free travel of vehicles in areas intended as drive aisles. rd 8. No employee or customer parking shall be allowed along the Hwy 65 Service Drive or 73 Avenue. 9. No vehicles parking shall take place on any boulevard or green areas. 10. No vehicle washing shall take place outside. 11. No vehicle repair shall take place on-site. 12. The petitioner shall install a new dumpster enclosure. 13. The existing building and canopies shall be repainted as part of the building remodel. All old signage from the previous use shall be removed. 14. Any new signage on the building or free-standing sign will required sign permits. 15. The existing bikeway/walkway easement shall remain free of vehicle parking. 16. The petitioner shall submit a landscape and irrigation plan to City staff for review and approval at the same time as building permit submittal for remodel. 17. If the petitioner plans to install a fence on the property, the design and material type shall be reviewed and approved by City staff. 18. The petitioner shall be responsible for litter control on the site and litter shall be cleared from the site daily. 19. The parking lot shall be properly lighted for security reasons, but needs to be shielded and downcast to not impact neighboring properties. 20. The petitioner shall prepare and submit to the City a security plan to assure oversight of the storage lot and to deter crime to the property.