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HomeMy WebLinkAbout2003-115 Council Resolution• • CITY OF LINO LAKES RESOLUTION NO. 03-115 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AUTOMOBILE REPAIR FACILITY LOT 1, BLOCK 1, LINO LAKES MARKETPLACE WHEREAS, the City has received an application for a conditional use permit to allow an automobile repair facility (Discount Tire); and WHEREAS, the legal description of the property is: Lot 1, Block 1, Lino Lakes Marketplace ; and WHEREAS, the subject property is zoned PDO, Planned Development Overlay; and WHEREAS, the conditional use permit approval request is based on the following plans prepared by Westwood Professional Services and Discount Tire Company, Inc.,: 1. City Engineer's Comments, dated June 27, 2003 2. Environmental Board Comments, dated May 30, 2003 3. Paving, Grading, and Erosion Control Plan (C2), dated 6-7-03. 4. Site and Utility Plan (C3), dated 6-7-03. 5. Landscape Plan (L1), dated 6-7-03. 6. Building Elevations Plan (Al) dated 6-7-03 7. Building Floor Plan dated 6-7-03 8. Photometric Plan received 6-24-03. ; and WHEREAS, at their meeting on July 9, 2003, the Planning & Zoning Board considered the conditional use permit application and recommended approval subject to the conditions listed in the meeting minutes; and WHEREAS, the City Council of the City of Lino Lakes makes the following findings of fact, as required by Section 2 Subd. 2.B.7 of the Zoning Ordinance which establishes conditional use permit evaluation criateria. a. The proposed development application is consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan b. The proposed development is compatible with present and futre land uses of the area. • c. The proposed development conforms to the performance standards contained within the Zoning Ordinance and other applicable City Codes. • • d. Traffic generated by the proposed developmen is within the capabilities of streets serving the property. e. This application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. f. This application will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. g. This application will conform to specific standards of the Zoning Ordinance applicable to the particular use. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the conditional use permit to allow an automobile repair facility subject to the following conditions: 1. Revised Plans shall be submitted incorporating the following items: a. The Landscaping Plan be modified to replace the proposed Colorado Green Spruce trees with Black Hills Spruce. b. The wall mounted lights contain a cutoff which directs and cuts off the light at an angle of ninety (90) degrees. c. The modifications and comments as set forth in the City Engineer's memo, dated June 27, 2003, shall be incorporated into the plans. d. The trash receptacle area shall be completely enclosed. Such enclosure shall be constructed with materials matching the principal building. 2. The Conditional Use Permit shall be limited to uses classified as Automobile Repair —Minor defined in Section 1, Subd. 2 of the Lino Lakes Zoning Ordinance as an establishment providing goods or services related to automobiles such as car washes, repair businesses limited to minor engineer repair, fluid changing, tire service and muffler repair and other uses of similar character, but not including uses defined as a major automobile business or automobile sales." 3. The emission of odor by a use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota regulations APC, as amended. 4. All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code. • 5. All outside storage shall be prohibited except the storage of customer vehicles waiting for repair. 6. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served by modifying the conditions. 7. The applicant shall enter into a Site Performance Agreement with the City. Passed by the Lino Lakes City Council this 9`h day of July, 2003. ATTEST: Ann Blair, Cilerk • • John Berges Ma or