Loading...
HomeMy WebLinkAboutResolution 7444RESOLUTION N0.7444 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN OUTSIDE SALES OPERATION AT 2400 COUNTY ROAD H2; PLANNING CASE NO CU2009-001 WHEREAS, Kevin Halverson, representing Goff Holdings LLC (the property owner) and Robert's, has applied to the City for a conditional use permit to conduct seasonal outside sales (flea market, farmers market and auctions) in the parking lot of Robert's; and, WHEREAS, the City has zoned the subject property, located at 2400 County Road H2, B-3 (Highway Business), and it is legally described as follows: In Section 8, Township 30, Range 23, the North 363 Feet of the West 330 Feet of the NE % of the SW % (Subject to the Roads) (PIN 08-30-23-31-0005) WHEREAS, the Mounds View Zoning Code conditionally allows open and outdoor sales in B-3 and higher zoning districts; and, WHEREAS, the applicant is proposing to operate the outside sales from about April 2 to September 30 each year; and, WHEREAS, the City Council has reviewed the following documents about this proposal: a. Planning Application b. Zoning Map c. Existing Land Use Map d. Future Land Use Map e. 2007 Aerial Photo and parking plan dated April 1, 2009 f. Parking plan dated April 10, 2009 g. Staff Report WHEREAS, the Mounds View Planning Commission heard the case about this conditional use permit request on April 1, 2009 and on April 15, 2009 and recommended approval of the CUP to the City Council as outlined in their Resolution 901-09 and approved a variance (with Resolution 902-09) to allow more outside sales area than the City usually allows; and, WHEREAS, the Mounds View City Council held a public hearing about this conditional use permit request on Monday, April 27, 2009. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following findings of fact related to the conditional use permit request: ?4 The proposed outside and outdoor sales (flea market, farmers market and auctions) meets the requirements as outlined in Chapters 1115 and 1125 of the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the outdoor sales would be a type of land use that is consistent with the "Community Commercial" and "Mixed Use" and land use designations for the Robert's site. 3. The seasonal outside and outdoor sales would not be out of place given the existing character of the surrounding area. 4. The proposed outdoor sales should not depreciate the neighboring properties. 5. The applicant has sufficiently demonstrated that a need exists for this land use. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the conditional use permit for the seasonal outside sales (flea market, farmers market and auctions), with conditions as follows: 1. The outside sales to operate from April 1 to September 30 of each year. 2. The hours of operation of the outside sales shall be between 7:30 am to 1:30 pm. 3. There shall be outside or outdoor sales only on Thursdays, Saturdays and Sundays and there shall be a maximum of two outdoor auctions held on the site each month. A licensed, bonded and insured auctioneer shall conduct all auctions. 4. The applicant or sales operator shall provide adequate security and traffic control to ensure the safety of the vendors, buyers and all others on the site. 5. The outside sales area is limited to a maximum of 15,200 square feet of the parking lot (a maximum of 80 parking spaces) as approved by Planning Commission Resolution 902 - 09. 6. Signage for the outside sales and auctions shall only be part of the existing Robert's freestanding sign. Each vendor may have one sign at their booth or display area that does not exceed 16 square feet. 7. The existing parking lot standards shall supply the lighting for the outside sales. 8. The owner or operator shall ensure that after every sale day the parking lot is cleaned up and is completely cleared of everything from the sale(s). The City does not allow anything to remain overnight on the site from the sales and no overnight parking or outside storage related to the outside sales is allowed as part of this approval. 9. There shall be no mega phones, loudspeakers, public address systems or other amplification systems allowed or used outside of the building. 10. All vendors, peddlers and transient merchants shall get all required County and State licenses and permits. The City, however, waives the requirement for individual vendors and merchants to get a City permit when selling their products on this site. The vendors and merchants shall prominently display all such licenses and permits. 11. There shall be no alcohol or tobacco sales outside the building. 12. By September 15, 2009, the property owner shall replace all dead and dying arborvitae along the west side of the parking lot with new shrubs that are at least four feet tall after planting. 13. By October 5, 2009, the property owner shall repair and restripe the parking lot. 14. The applicant shall provide the following on an annual basis to the Mounds View Community Development Director: a. Drawing of site plan including the parking spaces that the sales area will use. b. Narrative description of the proposal. 15. The operator of the outside sales and auction events or the property owners shall keep at least two entrances and exits to and from the parking lot open at all times and shall ensure that all drive aisles during outside events are at least 24 feet wide. NOW THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission and/or City Council may review and reconsider this Conditional Use Permit at any time if any problems develop or if the City determines that the conditions associated with the outside sales operation warrant such a review and reconsideration. Adopted this 27th day of April 2009. ATTEST: t: ..Joe Flahe , J~a ~^~ James Ericson, Clerk-Administrator (SEAL)