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RES 2009-48 - 14630RESOLUTION NO. 2009 - 48 A RESOLUTION TO APPROVE A REQUEST FOR SPECIAL USE PERMIT SP09 -12 FOR AABCO FRIDLEY AUTO PARTS, 7360 CENTRAL AVE NE WHEREAS, the petitioner, the City of Fridley on behalf of AABCO Fridley Auto Parts, is seeking a special use permit to allow an automobile recycling center at the property located at 7360 Central Avenue NE; and WHEREAS, the business, AABCO Fridley Auto Parts, initially opposed the requirement to apply for a special use permit and filed suit against the city, then later agreed to dismiss the case and cooperate with the City; and WHEREAS, the special use permit will allow the business use to be brought into compliance with the zoning code; and WHEREAS, Section 205.17.1.C.(8) allows junkyards in an M -1 zoning district with a special use permit, provided they meet requirements for drainage, pollution control, parking, screening, business licensing, facilities and scope; and WHEREAS, on September 16, 2009, the Fridley Planning Commission held a public hearing to consider a request by AABCO Fridley Auto Parts, generally located at 7360 Central Ave NE, Lot 18, Block 1, Central View Manor Addition, Subject to Ease of Record, for special use permit SP09 -12 to allow a junkyard in and M -1 zoning district; and WHEREAS, on September 28, 2009, the Fridley City Council approved the stipulations, as amended, represented in Exhibit A to this resolution as the conditions approved by the City Council on special use permit SP09 -12; and WHEREAS, the business manager, Chris Clos, representing AABCO Fridley Auto Parts, was presented with Exhibit A, the stipulations for SP09 -12, at the September 28, 2009 City Council meeting; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the special use permit SP09 -12 and stipulations represented in Exhibit A are hereby adopted by City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF SEPTEMBER, 2009. RO ERT L. BARNETTE — MAYOR PRO TEM ATTEST- DEBRA A. SKOGEN - ITY CLERK Resolution No. 2009 -48 Page 2 EXHIBIT A SP09 -12 Special Use Permit for AABCO Fridley Auto Parts, 7360 Central Ave NE, Fridley, Minnesota Lot 18, Block 1, Central View Manor Addition, Subject to Easement of Record Stipulations Stipulations and Timeline with all completed by September 14, 2012 If a decision for approval of SP09 -12 is rendered by the City, staff recommends the following stipulations be attached: 1. Keep gate closed except for entering and exiting to provide screening. (ongoing) 2. No tow truck deliveries in public right -of -way. (ongoing) 3. Obtain any necessary approvals to operate an auto recycling center from the appropriate governmental authorities. (ongoing) 4. Provide scalable survey and site plan, including a parking analysis and parking plan that meets the needs of the business. (December 31, 2009) 5. Obtain all necessary building permits prior to construction or demolition. (ongoing) 6. Meet all building and fire code requirements. (ongoing) 7. Complete Drainage Plan, including code requirements curbing /paving installation setbacks. (December 31, 2009) 8. Create additional employee and customer parking areas onsite so that no customer /employee parking is occurring on the public streets, including code - required accessible parking. (July 1, 2010) 9. Obtain approval of a grading and drainage plan from Rice Creek Watershed District. (July 1, 2010) 10. Reduce horizontal members of storage racking height to 2 feet below fence height so that no items stored exceed the height of the screening fence. Racking does not need to meet setback requirements within the code required setback. (Completed by June 1, 2012 per phasing plan submitted by property manager on September 22, 2009) 11. Final landscape plan to be reviewed and approved by City staff prior to issuance of land alteration permit. (May 1, 2011) 12. File a storm pond maintenance agreement prior to receiving issuance of land alteration permit. (May 1, 2011) 13. Obtain City Engineering staff review and approve of final grading and drainage plan prior to issuance of permits. (May 1, 2011) 14. Obtain any required NPDES Permit and provide NURP ponding for entire site. (May 1, 2011) 15. Remove or move any structures or fencing which do not meet setback requirements within code - required setbacks. Except for secondary containment area with roof on north side of lot. (June 1, 2012) 16. Install and maintain irrigation on south and east side of lot. (June 1, 2012)