Loading...
HomeMy WebLinkAbout01-06-2010 MOUNDS VIEW PLANNING COMMISSION REGULAR MEETING AGENDA January 6, 2010 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Special Order of Business A. Oath of Office for new Commissioners B. Election of Officers – Chair and Vice-Chair 4. Approval of Minutes: A. November 18, 2009 5. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already on the Agenda. (Before speaking, please give your full name and address for the minutes.) 6. Planning Cases A. CUP2009-00: Conditional Use Permit Amendment for Saturn of St. Paul Address: 2375 County Highway 10 Applicant: Jim Price, Saturn Development 7. Other Planning Activity None 8. Next Planning Commission Meetings: A. January 20, 2010 B. February 3, 2010 9. Adjourn to Agenda Session AGENDA SESSION 1. Review Minutes: a. December 16, 2009 2. Staff Reports a. Upcoming Planning Cases 3. Chairperson and Planning Commissioners’ Reports 4. Meeting Conclusion PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting December 16, 2009 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m. December 16, 2009 2. Roll Call Members Present: Commissioners Cramblit, Lang, Meehlhause, Miller, Rundle, Stevenson and Walsh-Kaczmarek. Absent and Excused: None. Also Present: Planning Associate Heidi Heller and Community Development Director Roberts. ______________________________________________________________________________ Index to Minutes Page VR2009-003; Variance Request to Allow a Zero-Foot Driveway Setback at “The Station” 2 2010 Planning Commission Meeting Schedule 3 Renumber Three Resolutions 4 _____________________________________________________________________________ 3. Approval of Minutes October 7, 2009 MOTION/SECOND: Commissioner Miller/Commissioner Walsh-Kaczmarek. To approve the minutes of the October 7, 2009 regular Planning Commission meeting as slightly amended. Ayes – 7 Nays – 0 Motion carried. _____________________________________________________________________________ Mounds View Planning Commission December 16, 2009 Regular Meeting Page 2 ____________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 5. Planning Cases A. VR2009-003; Variance Request to Allow a Zero-Foot Driveway Setback at “The Station’s” new Car Wash Planning Associate Heller stated the applicant Leon Theis, owner of The Station gas at 2280 County Road I, is requesting a variance to permit the entrance driveway at his new car wash to have a zero-foot setback from the west property line. She indicated the Planning Commission recommended approval of a development review for a new car wash at The Station earlier this year. When the architect brought in the site plan drawing for the car wash, staff reviewed it and noticed the entrance driveway only had a very small setback from the west property line. This is the property line that runs between the car wash and the neighbor, the Alano Society’s, garage. When staff brought the setback amount to the architect’s attention, he changed the setback amount to the required five feet on the site plan. Staff is guessing that the setback error was made due to inaccurate measurements, and that the change on the site plan was not communicated to the contractor, who just used all the space available for the driveway in order to make it function better. For the Planning Commission to act favorably toward this application, there must be a demonstrated hardship or practical difficulty associated with the property that makes a literal interpretation of the code overly burdensome or restrictive to a property owner. Chair Stevenson stated he wasn’t in favor of approving a project after it has already been done. Chair Stevenson opened the public hearing at 7:12 p.m. Leon Theis, applicant, indicated he is very surprised to be in front of the Planning Commission tonight. He indicated he had researched the car wash for over a year and he thought he had covered all issues. He was surprised about the property line issue. John Risgaard, member of the Alano Society at 2284 County Road I, indicated the driveway had originally been built five feet onto the Alano’s property. He talked with Mr. Theis who was very cooperative and removed five feet of the driveway so that it was only on his property. He discussed with Mr. Theis about adding the posts to protect the garage and Mr. Theis was very cooperative with this also. Mr. Risgaard expressed that the Alano Society Board is satisfied with the current driveway layout. He added he hoped the Planning Commission would approve the variance. Commissioner Lang questioned the site plan and the credibility of the architect that provided the information to the applicant. Mounds View Planning Commission December 16, 2009 Regular Meeting Page 3 ____________________________________________________________________________ Planning Associate Heller indicated that staff trusted the architect to have measured correctly. Commissioner Lang questioned why there was a five-foot setback at all. Planning Commissioner Heller stated previously in the code there was a one foot setback and the city found there were issues with this setback so it was increased to five feet. Community Development Director Roberts indicated this site plan was somewhat “old school” in that it was an actual drawing, and not a computerized layout, which is typically what is submitted for commercial projects now. He indicated that he does not see any negative issues with this situation. He stated however, he did agree with Chair Stevenson and does not like approving variances after the work has been completed. Commissioner Walsh-Kaczmarek indicated is appears there is still sufficient room for the Alano Society to make repairs to the side of the garage if need be. Commissioner Meehlhause stated he shared in the concerns that Chair Stevenson and Commissioner Lang expressed. However, he believes Mr. Theis has made an honest mistake and has taken care of it. He added that he did not have a problem with approving this variance. Closed public hearing at 7:26 pm MOTION/SECOND: Commissioner Cramblit/Commissioner Meehlhause. Resolution 920-09; Resolution recommending approval of a variance for a zero-foot driveway setback for the car wash entrance at The Station, 2280 County Road I; Planning Case VR2009-003 Ayes – 7 Nays – 0 Motion carried. ______________________________________________________________________________ 6. Other Planning Activity A. 2010 Planning Commission Meeting Schedule Planning Associate Heller indicated the 2010 Planning Commission meeting schedule continues with the first and third Wednesday of every month, and no holidays interfere with those dates. MOTION/SECOND: Commissioner Miller/Commissioner Stevenson. Approving the 2010 Planning Commission Meeting Schedule. Ayes – 7 Nays – 0 Motion carried. Mounds View Planning Commission December 16, 2009 Regular Meeting Page 4 ____________________________________________________________________________ B. Renumber three resolutions Planning Associate Heller indicated there were three resolutions that were numbered incorrectly with duplicate numbers while she was on leave. MOTION/SECOND: Commissioner Stevenson/Commissioner Meehlhause. Approving renumbering three resolutions that were numbered incorrectly. Ayes – 7 Nays – 0 Motion carried. 7. Next Planning Commission Meeting: A. January 6, 2010 B. January 20, 2010 ______________________________________________________________________________ 8. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:33 p.m. ______________________________________________________________________________ (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Ken Roberts Community Development Director Transcribed by: Barbara Suciu TimeSaver Off Site Secretarial, Inc. Item No: 6A Meeting Date: January 6, 2010 Type of Business: Business City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Conditional Use Permit Amendment for Saturn of St. Paul, 2375 Highway 10; Planning Case CM2009-001 Introduction: The applicant, Jim Price, representing Saturn of St. Paul, is requesting approval of an amendment to an existing conditional use permit. They want the City to remove the condition that states “the dealership in operation on this property shall maintain a new car sales license at all times” (Resolution 5042). Discussion: The Saturn car dealership at the corner of Highway 10 and County Road H2 has been in Mounds View since 1992. Saturn Development built the dealership and has expanded the business twice. Due to the recent problems in the auto industry, General Motors informed St. Paul Saturn’s parent company, the Rydell Group, that they are discontinuing the Saturn brand in October 2010. All of the Saturn of St. Paul locations will continue to sell new Saturn cars until then. After that, the owners will have to make changes to the operation in order to keep the Mounds View dealership open. The city code allows motor vehicle sales to be located in B-3 zoning districts as a conditional use. There have been two City resolutions for their conditional use permit over the years regarding the Saturn dealership. The first resolution for the initial development of the property for a dealership was in 1991, and then in 1996 the City amended the CUP to allow for a building expansion and additional uses on the site. The owners delayed implementing their approved 1996 expansion plan for two years, and the City Council reapproved them in 1998. There are many conditions included in the resolutions, one of which will be an issue for the property owners after the Saturn brand is discontinued: Resolution 5042, Condition #14 – “The dealership in operation on this property shall maintain a new car sales license at all times.” The Saturn of St. Paul owners are requesting an amendment to their conditional use permit to remove this condition so that their Mounds View dealership can remain open. They like Mounds View and want to keep their business open, but at this time, they cannot guarantee being able to bring a new car franchise here. Though they are ready to move forward with changes to this dealership if their request is approved. The Mounds View Saturn dealership has an opportunity to become a “Motor Trend Certified Advantage” dealership. Since 1949, Motor Trend has been a very popular and widely subscribed to auto magazine. In January 2009, they introduced a certified used car program to dealers. The new Motor Trend dealerships are a Certified Pre-Owned Vehicle Program. The other two local Saturn of St. Paul dealerships will be changed to another car brand, but the Mounds View store cannot switch to a different (existing United States) new car brand Saturn CUP Amendment Report January 6, 2010 Page 2 due to various rules, such as being a minimum distance away from other car dealers. There are some small auto manufacturers that want to begin selling their cars in the United States, and Saturn of St. Paul may be able to add one of these brands to the Mounds View location. If this were to work out, their plan would be to sell the new car brand along with the used vehicles in the Motor Trend program. The Rydell Group (St. Paul Saturn’s parent company) owns many dealerships in several states. In the Twin Cities area, they also own the “Apple Auto Group” dealers in the south metro. Their Apple Valley Ford locations in Apple Valley and Shakopee have both added the Motor Trend program to their stores. Their website has information and a video about the Motor Trend program (www.appleautos.com). Motor Trend’s program website address is www.motortrendcertified.com. CUP Considerations: The City reviews and addresses a conditional use permit amendment just as a regular conditional use permit. Chapter 1125 of the Zoning Code requires that the Planning Commission review and address any potential adverse effects which include, but are not limited to, relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. Each of these potential adverse effects is addressed below. Relationship with the Comprehensive Plan. Saturn’s property is zoned B-3, Highway Business. If the requested conditional use permit amendment were approved, it would remain in line with the “Highway Business” land use designation for this property. The Location and Character of the Surrounding Area. Saturn is surrounded by Highway 10, County Road H2, and the partially vacant lot owned by Multi-Tech. There is one business (Vino & Stogies) and several residential properties across County Road H2 from this location, and across Highway 10 is the Taiko Japanese Restaurant, the former Premium Stop vacant site, the self-serve car wash, and two other vacant commercial properties. The land directly adjacent to the east is a partially vacant lot owned by Multi-Tech, which has a light industrial PUD (Planned Unit Development) zoning designation. The proposed amendment should not cause much change to the business as it currently exists. Nor should it affect the character of the surrounding area. Depreciation. Since the surrounding area is mostly commercial and vacant land, the proposed amendment should result in little, if any, adverse effect upon the surrounding area. This amendment would not change the type of business operating here, only that they may not be selling new cars here. When Saturn Development built this dealership, they planted pine trees along County Road H2 as screening for the nearby residential properties. These trees are quite tall now and provide much screening for the properties across the street. The Demonstrated Need for Such a Use. Due to the discontinuation of the Saturn brand of vehicles, and the rules that prevent another existing new car brand to open in the Mounds View location, Saturn of St. Paul is forced to change the type of cars they sell in order to keep this location open. Saturn CUP Amendment Report January 6, 2010 Page 3 Recommendations: It appears that amending the conditional use permit to remove the condition requiring the dealership to maintain a new car license would have no adverse impacts and would be consistent with the Comprehensive Plan. Staff supports this conditional use permit amendment. After taking testimony from staff and the applicant, the Commission can take one of the following actions related to the request: 1. Recommend approval of the conditional use permit amendment. Resolution 921-10 is attached if the Commission chooses this action. 2. Recommend denial of the conditional use permit amendment. If the Planning Commission selects this option, Staff would need to be directed to draft a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. If additional information is needed before a decision can be rendered or if more discussion is needed, the Commission can simply move to table the request until such information has been provided. Because of 60-day requirements, the Commission would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Zoning Map 2. Aerial View 3. Letter from Applicant 4. Information about Motor Trend program 5. Resolutions 4195 and 5042 6. Planning Commission Resolution 921-10 Zoning Map Saturn Properties not bearing a designation are zoned R-1, Single Family Residential Aerial View Saturn Letter from Applicant RESOLUTION NO. 5042 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN AMENDED CONDITIONAL USE PERMIT AND A DEVELOPMENT REVIEW FOR EXPANSION OF THE SATURN DEALERSHIP AT 2375 AND 2395 HIGHWAY 10; PLANNING CASE NO. 464-96. WHEREAS, Saturn Development has requested City approval to expand its dealership at 2375 Highway 10 to include the property at 2395 Highway 10, to expand building square footage and add a car wash, and to expand the types of repair services available; and WHEREAS, the property subject to this application is described as follows: Subject to Roads the East 160 8/10 feet of part of the Southwest Quarter northeasterly of Highway in Section 8, Township 30, Range 23. Subject to Roads the West 134 feet of the East 294 8/10 feet of part of the Southwest Quarter northeasterly of Highway in Section 8, Township 30, Range 23. Subject to State Trunk Highway 10/62 over southwesterly 150 feet and subject to County Road H2 and Ex East 294 8/10 feet part of Southwest Quarter northeasterly of centerline of State Trunk Highway 10/62 in Section 8, Township 30, Range 23. WHEREAS, the property is in the B-3 Highway Business District, which requires approval of a conditional use permit for motor vehicle and recreation equipment sales and garages accessory thereto, and for car washes; and, WHEREAS, the purpose of conditional use permits is “to provide the City with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety; and, WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Planning Application dated 10-7-96 2. Zoning Map 3. Letter from Francis J. Coyle dated 10/7/96 4. City Council Resolution 4195 5. City Council Resolution 4611 6. Site Plan dated 11/1/96 9. Landscape Plan dated 10/30/96 10. Floorplan & Building Elevations received 10/4/96 City Council Resolution No. 5042 December 9, 1996 Page 2 WHEREAS, the Mounds View City Council does hereby make the following findings of fact regarding the requirements set forth in Sections 1114.04, Subd. 8, 1114.04, Subd. 3, 1114.04, Subd. 2, and Section 1125.01 Subd. 3: A. Dimensional Requirements & Hours of Operation Minimum Required Provided Met? Lot Area 87,120 sq.ft. and 142,703 sq.ft. yes Lot Width 150 feet 764 feet yes Number of Lots Single or Contiguous yes yes Setbacks - Front 30 feet 76 feet yes - Side 10 feet 184 feet (east side) yes 232 feet (west side) yes - Rear 20 feet 36 feet yes Landscaped Greenspace 10% or 10,445 sq.ft. 33,606 sq.ft. yes Parking 22 spaces (service) 20 spaces (service) no1 27 spaces (employees) 35 spaces (employees) yes 126 spaces (inventory)2 Hours of Operation 7:00 a.m. - 10:00 p.m. 7:00 a.m. - 10:00 p.m. yes B. Building and Site Design; Landscaping (Section 1114.04, Subd. 2.a., 3.b., 2.f., 3.c., 8.e., 3.f., 2.c., 3.i., 8.l., 8.m.) The proposal is an extension of the existing Saturn dealership. The applicant is maintaining the same architectural character in the building expansion as is in the original, and will be landscaping the added site area so the effect will be one seamless development. All areas which are not in building or landscaping will be paved and the parking area will be bordered by a concrete curb. The site does not border property in a residential district and therefore screening and buffering is not required. A landscaped area at least 10 feet in width is shown along all of the property lines. The landscape plan shows a row of Black Hills Spruce along the north property line of the added site area 1 With compliance with conditions, the proposal will meet the requirement for 22 spaces for customers. 2 The Zoning Code does not have any specific requirement for parking spaces for inventory or display. City Council Resolution No. 5042 December 9, 1996 Page 3 which matches the existing site. The frontage along Highway 10 will be sodded as is the existing site. C. Lighting and Signage (Section 1114.04, Subd. 2.h., 3.g., 8.h., 2.d., 3.j. 2.j., 3.m., 8.k.) The applicant is proposing to install additional light standards on the expanded site area which are the same style as the existing light standards, and they will be located in a similar pattern. The original plans submitted for this development included a detail of the light fixtures which are shielded in compliance with the ordinance. The light standards will be in landscaped areas and not in the parking lot. Signage is proposed as follows:  existing pylon sign 10' x 10' on 26' high supports; area = 100 sq.ft.  existing wall sign 23" x 26.5'; area = 50.8 sq.ft.  used car sign, ground mounted 8' 6-1/2" x 5' = 42.7 sq.ft.  two new ground mounted 8' 6-1/2" x 5' = 85.4 sq.ft.  miscellaneous small directional signs Total Signage = 278.9 sq. ft. Total Permitted = 100 sq. ft. of signage per tenant; 340 sq. ft. pylon sign = 440 sq.ft. Existing signage on the site complies with the City Sign Code. The applicant has applied for a variance in sign regulations to allow the two additional monument signs (Planning Case No. 468-96). D. Drainage (Section 1114.04 Subd. 2.g., 3.e., 8.f.) This conditional use permit combines two existing, developed commercial sites. The reconstruction of the parking lot on the Citgo site and the building addition may cause more storm water to flow to County Road H2, and may exceed the capacity of the storm sewer in this road. A condition on this approval requires the applicant to comply with any requirements from the City Engineer on the direction of storm drainage to County Road H2 and Highway 10, prior to the issuance of grading and building permits. The applicant is also being required to obtain a permit from Rice Creek Watershed District. E. Outdoor Storage, Sales and Service (Section 1114.04 Subd. 3.k., 3.o., 3.p., 8.i.) No outdoor sales or servicing is conducted on this site, other than customers viewing cars in inventory in the parking lot. There are no abutting residential districts, and therefore, the screening requirements do not apply. Sufficient space for car inventory has been provided so it will not infringe on required customer, service and employee parking. F. Accessory Building (Section 1114.04 Subd. 8.j.) City Council Resolution No. 5042 December 9, 1996 Page 4 The accessory buildings are proposed. G. Noise (Section 1114.04 Subd. 2.k., 3.n., 8.p., 8.q.) The original approval including a condition regarding the use of outside loudspeakers, which has been added to the list of conditions on this recommendation of approval. H. Access/Test Drive Routes (Section 1114.04 Subd. 2.i. 3.l., 8.o.) The applicant is proposing two driveway entrances on Highway 10 and two on County Road H2, and removal of two of the driveway entrances on the Citgo property. The driveways to be removed are closest to the Highway 10/County Road H2 intersection. This will improve traffic patterns in the area and remove a conflict point. The original approval including a condition regarding test drive routes, which has been added to the list of conditions on this recommendation of approval. I. Stacking Space (Car Wash) (Section 1114.04 Subd. 2.b., 2.e.) The car wash proposed for this site is for customer cars only and not for the general public. The business owner has the ability to control the flow of cars, and the volume of cars is expected to be less than would be the case with a stand alone car wash business open to the public. The site does not abut residential districts. The area behind the car wash faces a business, and will be screened by Black Hills Spruce. J. Fuel Pumps (Section 1114.04 Subd 3.h.) No fuel pumps are proposed at this facility; this criteria does not apply. K. Criteria for Approval of Conditional Use Permits (Section 1125.01 Subd. 3) (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 proposal represents an expansion of an existing business. The site is served by an existing arterial highway and a County road, such that traffic can access the site without going through the residential neighborhoods. The site is served by utilities. Because the proposal is for a business, no burden on parks or schools is anticipated. City Council Resolution No. 5042 December 9, 1996 Page 5 (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 not deterrence to development of vacant land. (3) The structure and site will have an appearance that will not have an adverse effect upon adjacent residential properties. The site is bordered on the north and south by roadways, and abuts a business and industrial park on the east side. The existing site and proposed expansion shows a attractive combination of buffering and landscaping around the entire perimeter, and this business helps in creating an appealing gateway to Mounds View and to the residential neighborhoods north of Highway 10. It serves as an example of high quality development for potential developers of property in the area. (4) The use, in the opinion of the [Planning Commission], is reasonably related to the overall needs of the City and to the existing land use. The expansion of the Saturn dealership to take in the Citgo property will help unify this corner, and allow an attractive and successful business additional room. Providing more room for inventory and expanding the range of services available to Saturn’s customers may translate into more tax revenue to the City. Expansion of the Saturn dealership will also help in strengthening the vitality and enhancing the appearance of the Highway 10 corridor. This corridor is very important to the long run economic health of the City. (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 purpose of the B-3 district is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. It allows for auto repair businesses with approval of a conditional use permit. The applicant’s proposal fits within the limits envisioned by the ordinance for the B-3 district, and its location along Highway 10 is logical and appropriate. (6) The use is not in conflict with the Comprehensive Plan of the City. The most recent discussion of comprehensive goals for the City was the Mounds View 2000 project in 1994. The Vision Statement from the Growth, Development and Business Issue Project Team stated: “The City of Mounds View will be known as a city with a balance between business and residential concerns. There will be a positive business climate as shown by public- private collaboration to recruit, encourage, and retain successful, community-based enterprises with emphasis on job expansion, increase in tax base, and quality of life. City Council Resolution No. 5042 December 9, 1996 Page 6 There will be a cooperative spirit between the government and citizens, whether residential or business, when setting regulations into code. Environmental and aesthetic consciousness will be demonstrated by a redesigned Highway 10, a network of inter- connected trails, parks, and wetland spaces, and active citizen participation in ecological activities.” Two goals relative to Highway 10, and a goal on business climate, were adopted and are included in an attachment to this report. The expansion of the Saturn dealership furthers these goals, and is supported. (7) The use will not cause traffic hazards or congestion. The site has adequate access from an arterial highway. No added traffic congestion is expected. Eliminating one of the driveways on Highway 10 and County Road H2 will reduce traffic hazards and conflict points. (8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. The proposal will use a previously developed site which is served by existing utilities and roads. There is an existing drainage ditch along Highway 10. This recommendation of approval includes a condition that a favorable review be received from MnDOT and the Rice Creek Watershed District. WHEREAS, the Planning Commission has recommended approval of this amended conditional use permit and development review (Resolution No. 483-96); and, WHEREAS, the City Council approved Resolution No. 5042 on November 25, 1996 approving this amended conditional use permit and development review; and, WHEREAS, Saturn Development requested reconsideration of this approval due to objections to conditions #3 and #8; and, WHEREAS, the City Council reconsidered its action to approve Resolution No. 5042 on December 9, 1996 and re-adopted this resolution with modifications to conditions #3, #8, #14, and #15 as noted below; and, WHEREAS, the Mounds View City Council does hereby find that this amended conditional use permit and development review, with compliance with the conditions stated in this resolution, meets the criteria set forth in Sections 1114.04, Subd. 2, 3, and 8, and Section 1125.01. City Council Resolution No. 5042 December 9, 1996 Page 7 NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve this amended conditional use permit and development review as shown in the site plan dated 11/1/96, the landscape plans dated 10/30/96, and the floor plans and elevations dated 10/4/96, subject to the following conditions: 1. Outside signage shall be limited to that allowed by the Municipal Code, or as allowed in any variance approved by the City. Prior to installation of the two additional monument signs shown at the westernmost driveway on Highway 10 and the easternmost driveway on County Road H2, the property owner shall obtain approval for a variance for sign area allowed on the site, or for a code revisions which would allow this additional sign area. Signage is subject to a requirement that the applicant obtain sign permits before installation. 2. Prior to the issuance of any grading and building permits, the applicant shall: a. Provide a detail drawing of the lighting fixtures to be used on the expansion site, showing the style of luminare and dimensions of lighting standards. These lighting fixtures shall match the existing fixtures at the Saturn Dealership. b. Obtain a permit from the Rice Creek Watershed District, if required. c. Submit an existing and future drainage map showing drainage boundaries and storm water volumes to the City Engineer. The applicant shall make modifications to the parking lot design and building drains to comply with the recommendations of the City Engineer as to how storm water is directed to County Road H2 and Highway 10. d. Provide to the City an executed cross-access and parking easement across the three lots which constitute this site, which easement insures that the site will continue to function as one development. e. Enter into a development contract as required by Section 1006.06 Subd. 4 of the Mounds View Municipal Code. 3. Vehicle repair, servicing and maintenance are permitted on this site, excluding body work and painting. All car repairs shall be conducted within the indoor service bays and not outside the service building, and the service bay doors shall be closed at 9:00 PM. City Council Resolution No. 5042 December 9, 1996 Page 8 4. A vehicle wash bay is permitted on this site. The use of this bay shall be for customers of the dealership only and not the general public. The stacking of vehicles waiting for washing shall be confined to this site and shall not interfere with vehicle circulation on the site. 5. Any cars taken on trade and not intended for resale shall not remain on the site for a period of time exceeding 72 hours. 6. No outside merchandizing of accessories shall be allowed. 7. All transport truck deliveries and pick-up shall be conducted on site during regular business hours (7:00 a.m. and 10:00 p.m.) 8. Outside loudspeakers shall be utilized for paging purposes only. Use of the loudspeakers shall be minimized, and the paging system shall be turned off at 9:00 PM. 9. The hours of operation shall be from 7:00 a.m. to 10:00 p.m. Site lighting shall be turned off, except for security lighting, by 10:30 p.m. The light timers shall be reset for daylight savings time and standard time each year. 10. A good faith effort shall be made to ensure that test driving of vehicles from the site follow the route highlighted and described on the attached map dated 2/19/92. 11. This conditional use permit shall become null and void if any one of the three lots comprising this site are sold separately, and approval new conditional use permit shall be required for the auto dealership to continue operation. 12. The applicant shall have this resolution recorded with the Ramsey County Recorder’s Office and provide evidence of recordation to the Director of Community Development within 60 days of the date of approval, or this conditional use permit shall be null and void. 13. Where the conditions contained in this resolution differ from those stated in Resolution 4195 and 4611, the conditions stated in this resolution shall prevail. 14. The dealership in operation on this property shall maintain a new car sales license at all times. 15. The gas tanks on the Citgo property must be removed prior to issuance of any building or grading permits for the dealership expansion but in no event later than six (6) months from the date of adoption of this resolution. City Council Resolution No. 5042 December 9, 1996 Page 9 Adopted this 25th day of November, 1996 Modified and Re-Adopted this 9th day of December, 1996 ____________________________________ Jerome Linke, Mayor ATTEST: ____________________________________ Charles S. Whiting, City Clerk-Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 921-10 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CONDITIONAL USE PERMIT TO REMOVE THE REQUIREMENT OF MAINTAINING A NEW CAR LICENSE FOR SATURN OF ST. PAUL, 2375 HIGHWAY 10; PLANNING CASE CM2009-001 WHEREAS, the Mounds View City Council approved Resolution 5042 for a conditional use permit amendment for a second building expansion and additional uses at the Saturn car dealership on November 25, 1996, then modified and re-adopted the resolution on December 9, 1996; and, WHEREAS, the Saturn car dealership, located at 2375 Highway 10 is zoned B-3, Highway Business; and, WHEREAS, the Mounds View Zoning Code conditionally allows motor vehicle sales in B-3 zoning districts; and, WHEREAS, the applicant has requested that the condition of requiring the dealership to maintain a new car license at all times be removed; and, WHEREAS, the Planning Commission has reviewed this request and has examined the potential adverse effects that could result from such an amendment. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following finding of fact related to this request: 1. The lot in question, 2375 Highway 10, is zoned B-3, Highway Business. 2. The Future Land Use Map from the City’s Comprehensive Plan designates this area as Mixed-Use Planned Unit Development. 3. The new car dealership in operation at 2375 Highway 10 sells Saturn brand vehicles, but the manufacturer is discontinuing this car brand in October 2010, forcing the Saturn of St. Paul owners to make changes otherwise they will have to close the business. 4. The property at 2375 Highway 10 is within the City’s primary commercial corridor and as such, closed and vacant businesses are not desirable. 5. The applicant has sufficiently demonstrated that they must change the type of vehicles sold at this dealership, and that they cannot guarantee being able to sell another new brand of cars. Resolution 921-10 Page 2 6. The approval of this conditional use permit amendment would not change the type of business operating on this site, and should have no affects on the surrounding area. 7. There does not appear to be any adverse effects associated with this proposed conditional use permit amendment for Saturn of St. Paul. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit amendment for the Saturn of St. Paul dealership to remove the requirement stating that the dealership must maintain a new car license at all times, with the following condition: 1. This Conditional Use Permit (CUP) amendment shall be reviewed by the City Council if the property is sold, or if the owner proposes a major change to the site or to the business. NOW THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 6th day of January 2010. _____________________________________ Gary Stevenson, Chair ATTEST: _____________________________________ Kenneth Roberts Community Development Director (SEAL)