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HomeMy WebLinkAboutResolution 5105 e . - RESOLUTION NO. 5105 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR SPOT'S QUICK LUBE, INC. TO OPERATE A MINOR AUTO REPAIR FACILITY AT 2975 HIGHWAY 10; PLANNING CASE NO. 472-97 WHEREAS, Ken Clark, representing Spot's Quick Lube, Inc., has applied for a conditional use permit to operate a minor auto repair facility at 2975 Highway 10, property which is zoned B-3 and is legally described as follows: Lot 13 of Auditor's Subdivision No. 89, Ramsey County, State of Minnesota WHEREAS, the Mounds View Zoning Code allows minor auto repair facilities in the B-3 Highway Business District with the approval of a conditional use permit; and WHEREAS, the City Council has reviewed the following documents regarding this proposal: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Planning Application Zoning Map Site, Drainage and Landscape Plan, dated 4/10/97 City Engineer Comments Hydrologic Review (prepared by SEH Inc.) Letter from Applicant Letter from Property Owner (Norwest Bank) Letter indicating Tank Removal and Results of Soils Test, dated 4/12/91 Executed Roadway Easement Document, dated 4/10/97 Site Lighting Photometrics Wall Pack Lighting specifications Planning Commission Resolution No. 500-97 WHEREAS, the City Council makes the following findings that the criteria for approval for minor auto repair facilities in Section 1114.04, Subd. 3 have been met: b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. The proposed use will be going into an existing building, which currently is in a state of disrepair. The applicant will improve the building's and site's aesthetics, which will benefit the neighboring property owners. This criterion has been met. c. The entire site, other than that taken up by building, structure or plantings, shall be surfaces with a material to control dust, drainage and erosion which is subject to the approval ofthe City Engineer. ~ e . e Resolution 5105 Planning Case No. 472-97, CUP for Spot's Quick Lube April 14, 1997 Page 2 The applicant proposes to remove all bituminous and concrete surfaces and repave a smaller area with asphalt. The lot will be curbed and guttered and will have two drainage catch basins to collect and route water run-off to the Highway 10 drainage ditch, according to existing drainage patterns. The City Engineer has reviewed the drainage plans and has found them acceptable. This criterion has been met. d. A minimum lot area, of twenty-two thousand, five hundred (22,500) square feet and minimum lot dimensions of one hundred and fifty feet (150') by onc hundred thirty feet (130') be provided. This site is 27,443 square feet and has dimensions of 166 feet to the north, 244 feet to the east, 219 feet to the south, and 99 feet to the west. This criterion has been met. e. A drainage system, subject to the approval of the City Engineer, shall be installed. The City Engineer has approved the site's drainage plans. This criterion has been met. f. A curb not less than six inches (6") above grade shall separate the public sidewalk from motor vehicle service areas. There are no sidewalks on the site other than a ten foot section behind the building. The site plan indicates that this walkway will be above grade. This criterion has been met. g. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Section 1103.09 of this Title. The applicant will be providing photometrics of the on site lighting to ensure that this criterion has been met. Section 1103.09 refers to glare. The light fixtures will be hooded and directed away from adjacent properties and right-of-ways to eliminate glare. h. Wherever fuel pumps are to be installed, pump islands shall be installed. No fuel sales are permitted at this site nor are there any proposed. As such, this criterion does not apply i. At the boundaries of a residential district, a strip of land not less than ten feet (10') shall be landscaped and screened in compliance with Subdivisions 1103.08 (1) through (5) of this Title. Section 1103.08 of the Code refers to fencing, screening and landscaping. The applicant proposes to replace an existing dilapidated fence with a new six foot (6') fence of wood , . e Resolution 5105 Planning Case No. 472-97, CUP for Spot's Quick Lube April 14, 1997 Page 3 construction. There will be a area at least 14 feet in width of greenspace behind the building abutting the neighboring residential buildings, as well as a buffer in excess often feet (10') along the eastern property line. That area not covered by building or parking lot/drive access area will be sodded with the exception of that land behind the fence-line, which will remain natural. No fencing, structures or plantings will be allowed within thirty feet (30') of the intersection of Highway 10 and Spring Lake Road. This criterion has been met. J. Each light standard island and all islands in the parking lot shall be landscaped or covered. There are no islands proposed as a part of this development. As such, this criterion does not apply. k. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Subdivisions 1103.08 (1) through (5) ofthis Title. Again, Section 1103.08 of the Code refers to fencing, screening, and landscaping. This development satisfies the requirements of these subdivisions. Thus, this criterion has been met. I. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 1121. of this Title and shall be subject to the approval of the Director of Public Works and the City Engineer. Only one access point is proposed for this site. The applicant will be removing two access points from Highway 10 as well as eliminating a very wide undefined access currently existing along Spring Lake Road. The new single access point is thirty feet (301) wide and is located one hundred and five feet (170') from the intersection of Highway 10 and Spring Lake Road. The Director of Public Works and the City Engineer have reviewed the site plan and find it acceptable. Chapter 1121 of the Zoning Code refers to parking requirements. For this use, 8 off-street parking spaces are required plus 1 space for every 800 square feet of floor area over 1000 square feet. The building's area is approximately 1,500 square feet. Thus, only one additional space is required for a total of9 spaces. The site plan dated April 10, 1997 indicates the provision of 9 spaces. This criterion has been met. m. All signing and informational or visual communication devises shall be minimized and shall be incompliance with the Mounds View Sign Code. The applicant proposes one twenty-foot pylon sign along Highway 10 with 48 square feet of internally illuminated signage. The maximum signage for pylon signs is 340 square feet at a height not to exceed 35 feet. The signage proposed is within the limitations of the , . . Resolution 5105 Planning Case No. 472-97, CUP for Spot's Quick Lube April 14, 1997 Page 4 Sign Code. In addition, there are also two small direction signs proposed, both 6 square feet in size. There will be four signs on the building: two displaying the company name (10.5 square feet each on the building front and rear), one enter and one exit sign (4.5 square feet each). This amounts to 30 square feet of signage on the building, which is within the 100 square-foot limit imposed by the Code. This criterion has been met. n. Provisions are made to reduce and control noise. This use will not create a noticeable level of noise. No pneumatic tools will be used in the operation other than for occasional tire rotations. If noise were to become a problem in the future, the bay doors can be required to be shut during operating hours. Given this stipulation, this criterion has been met. o. No outside storage except as allowed in compliance with Subdivision 4 of Section 1114.04 shall exist. The applicant is not proposing any outside storage. This criterion has been met. p. No outside sale or service except as allowed in compliance with Subdivision 5 of Section 1114.04 shall exist. No outside sale or service will be allowed for this operation and none has been proposed. This criterion has been met. WHEREAS, the Mounds View City Council has made the following findings that possible adverse effects have been taken into consideration in its decision according to Section 1125.01, Subdivision l.e: 1. Relationship to the Comprehensive Plan While this property is designated as low density residential in the Comprehensive Plan, the site is zoned for commercial use and has been used commercially for the past 30 plus years. Approving this CUP will continue the inconsistency with the Comp plan. The suitability of the site for low density residential is somewhat questionable given its location adjacent to Highway 10. Minnesota State law gives precedence to zoning when there is a conflict between zoning and comprehensive plan designations. 2. The geographical area involved. 4. The character of the surrounding area. This surrounding area has a mix of older housing and recent new home construction. This commercial site exists, however, because of its frontage on Highway 10, which is a typical ~ . . Resolution 5105 Planning Case No. 472-97, CUP for Spot's Quick Lube April 14, 1997 Page 5 situation in Mounds View. In its present state of disrepair, the site is undoubtedly a detriment. The applicant seeks to redevelop the site, improving its aesthetic and economic potential. Given that this is an existing building, and a commercial business has been in place in this location, the proposed use seems appropriate. 3. Whether such use will tend to or actually depreciate the area in which the use is proposed. Considering the fact that this site has remained vacant for the past two years, persisting as a negative presence to the area and the Highway 10 corridor, the proposed use should serve as a benefit to the community. The applicant has indicated their intent to develop the property so it will project a very pleasing image and have given landscaping the site a high priority. 5. The demonstrated need for such a use. According to the recently completed Feasibility/Highest and Best Use Analysis of the Highway 10 Corridor, an automotive repair or quick lube facility is not listed as one of the uses "not present" in the corridor. However, only two businesses in Mounds View perform oil changes and other like services, one of which is the Saturn Dealership. The case can be made that there is a demonstrated need for this business. WHEREAS, the Mounds View City Council makes the following findings relative to the criteria stated in Section 1125.01 Subd. 3.b. of the Mounds View Municipal Code: (1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. The use will be a service-oriented business, rather than residential development, and therefore is not expected to create a burden on parks or schools. The use will replace an existing business site which was using existing streets and utilities, and the new business is not expected to increase the demands on public facilities and utilities. (2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. The applicant is proposing to construct a screening fence around the east, north and west perimeter of the site, which will shield this use from adjacent residential properties. There is a landscaped area of at least 14 feet along the perimeter of the site, with sod and evergreens, between the fence and the area to be paved. These improvements will replace an existing fence in poor repair, and non-existent landscaping. ~ . . Resolution 5105 Planning Case No. 472-97, CUP for Spot's Quick Lube April 14, 1997 Page 6 (4) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. The applicant will be replacing a closed and deteriorated business site, with a new business and site improvements. The proposed business is less intense, in terms of the number of vehicles parked on the site, than previous use of the site, and it will be much improved in appearance from the used car lot which was there. (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The Zoning Code allows for minor auto repair businesses in this zoning district, with approval of a conditional use permit. The property is located on Highway 10, which is the City's primary business corridor. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the conditional use permit for Spot's Quick Lube with the following stipulations: 1. Hours of operation shall not exceed 8 a.m. to 9 p.m. Monday through Friday, 9 a.m. to 9 p.m. on Saturdays, and 10 a.m. to 8 p.m. on Sundays. 2. No sales or service shall be performed outside of the building. 3. No outside storage shall be allowed without the prior approval of an amendment to this conditional use permit. 4. The applicant shall obtain a permit from MnDOT before doing any work in the MnDOT right-of-way. The applicant shall supply proof of such permit before building permits can be issued. 5. The applicant shall follow all approved oil disposal guidelines and procedures. 6. The applicant will take appropriate measures to reduce noise from the site. If noise becomes an issue in the future, the applicant may be required to keep the bay doors closed during business hours, except to allow for the entry and exit of vehicles. Such a requirement shall not be imposed without an opportunity for a hearing before the Planning Commission. 7. No sales of automobiles will be allowed at this site. . e t Resolution 5105 Planning Case No. 472-97, CUP for Spot's Quick Lube April 14, 1997 Page 7 Attest: (Seal) 8. The applicant shall record the conditional use permit and easement document with Ramsey County within 60 days of City Council approval or this permit shall become null and void. 9. Prior to the issuance of any building or grading permits, the applicant shall provide proof of recordation with Ramsey County. 10. Parking lot "pole lights" shall be shut off each night after business hours. 11. Prior to the issuance of building permits, the applicant shall execute a Development Contract in compliance with Section 1006.06, Subd. 4 of the Municipal Code. Adopted this 16th day of April, 1997. . !. :' '/ I Duane McCarty, Mayor Charles S. Whiting, Cit Clerk/Administrator N:\DATA \USERS\P AMS\SHARE\DEVCASES\472-97\SPOTS-CC.RES