HomeMy WebLinkAbout1998-11-04 PACKET 04.K.F2EQUEST C7F CITY COUiVCIL ACTION COUP�CIL AGENC3A
Pv1EE°fING ITE #
DATE 11 C4/98
PREPARE[3 �Y Corrrmunity Development Kim Lindquist
OF2IGINATI[dG QEPARTMENT STAFF AUTHOR
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Approve the resolution granting an amended conditional use permit to allow construction of a
new sales building/showroom for Sunbeit Sales and Leasing, 7528 East Point Douglas Road.
BUDGET IMPLICATION PI/A N/A
BUDGETED AMOUNT ACTUAL AMOUNT
ADVISORY COMMISSION ACTION:
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DATE REVIEWED
10/26/98 ❑
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SUPPORTENG DOCUMENTS
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APPROVED
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DENIED
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MEMORANDUM
T0: Honorable Mayor and City Council
Ryan Schroeder, City Administrator
FROM: Kim lindquist, Community Development Director
DATE: October 29, 1998
RE: Conditional Use Permit for Sunbelt Sales & Leasing
Introduction
Judd Beattie, owner of Sunbelt Sales and leasing, Inc. has applied for an amendment to his
1994 conditionai use permit to allow construction of a new sales buildinglshowroom for the
property at 7528 East Point Douglas Road. The existing structure, the old Pineridge Floral
buiiding, will be razed, although the new buiiding wiil be in approximately the same location.
The new building has an expanded footprint in relation to the existing structure.
in 1994, when the City reviewed the conditionai use permit request for expansion of outdoor
dispiay and sales onto the Pineridge Floral property, severai conditions were added to the
approval regarding future upgrading of the site. It was feit that untii Mr. Beattie decided how he
would redevelop the site, it would not be reasonable to require site upgrades. Therefore, the
1994 approval specifically deferred site upgrading untii such time as a CUP amendment was
required. Staff has proposed several conditions of approval which seek to bring the site more
into compliance with existing regulations and would meet the intent of the 1994 approval. The
foliowing lists the issues that were raised by the applicant and Pianning Commission during
their deliberations on October 26, 1998.
Planning Commission Deliberations
Condition #3 — Windows, roof, hood, etc. of vehicles sha!l not be used for displaying
advertising media. This shall not be construed to prohibit information/warranty/price list on a
window of the vehicle. Pinwheefs, pennants, streamers and other attention-attracting devices
are prohibited. Antenna pennants would be allowed.
The applicant had specifically requested that he be allowed to provide some sales information
on the "for-sale' vehicles. This would mean aliowing information within the windows or on the
car. This condition was carried over from the 1994 approval. Mr. Beattie requested additional
advertising opportunities on the displayed vehicles. Although he mentioned ear hoods, he was
most interested in being able to display sales messages on the car windows. The Planning
Commission revised the condition to delete the prnhibition on window advertising display.
CUP98-41 Sunbelt Sales and �easing
Odober 29, 1998
Page 2 of 4
Condition #5 — The applicant shal/ combine three lots of record into one taxing parce! to bring
the site into conformance with ordinance standards. The three lots to be combined are PIN 17-
027-21-13-0093, PIN 17-027-21-13-0094, and PIN 17-027-21-13-0095. A certified copy of the
lot combination from the Washington county Assessor/Treasurers o�ce sha!/ be provided to
the Planning Division prior to issuance of a certificate of occupancy for the new o�ce building.
The applicant had requested that this condition be deleted because of certain economic and
tax advantages to him by maintaining the lots separately. Staff believes the lots must be
combined to link the auto sales and display with the indoor service bay which is an integral
component of the use as defined by the ordinance. If the lots remain separate, dispiay
occurring on the old Pineridge Fioral property could be sold separately without benefit of
having an indoor service bay. Staff's opinion is that the site would be in violation of the zoning
ordinance. Additionally, the entire proposal has been evaluated as though the two lots (former
Pineridge Floral and Sunbelt parcels) were combined. Should they remain separate, issues
such as parking and building setbacks should be reviewed. Attempts to bring the site more into
compliance than the existing condition should be made.
The Planning Commission recommended approval of the proposal keeping this condition
intact. During their discussion, some members felt strongiy the two properties should be
combined and indicated that the site combination was the intent of the condition found in the
1994 resolution.
Since the Planning Gommission meeting, staff met with the applicant to discuss this condition.
Staff offered use of a restrictive covenant, which would tie the function and use of the two
properties together rather than requiring a legal combination. Use of the covenant wouid not
require any changes in property ownership. Mr. Beattie indicated he wouid be agreeabie to
this solution pending review of the actual wording of the covenant. The proposed resolution of
approval reflects this change. Staff believes the covenant can adequately address the City's
and applicanYs concerns.
Condition #7 — The applicant sha// c/ose at least two curbcuts on the site so that the sife has a
total af only fwo curbcuts. This condition does not preclude moving or realigning the curbcuts
so long as the site totaJ does not exceed fwo and thaE the re%cafed access �mpties with
applicable ordinance criteria subject to staff review and approval.
Staff recommended deletion of two curbcuts in recognition that only two would be needed to
have good site circulation and controlled access. Further, City policy, found within the
Comprehensive Plan, promotes limiting the number of curbcuts along designated arterial
streets. East Point Douglas Road is a minor arteriai. The City consistentiy tries to limit the
number of curbcuts due to tra�c safety concerns and has done so with the more recent
developments and redevelopment proposals. Finaliy, the City currently has the opportunity to
reduce the number of curbcuts, which may not be possible, if reuse of the property occurred. A
higher tra�c volume use could occupy the site in tne future causing traffic problems not
currently experienced.
CUP98-41 Sunbeit Sales and Leasing
Odober 29, 1998
Page 3 of 4
The applicant had requested that the number of curbcuts remain as is. He blocks off at least
two of the curbcuts but would like to use them to move cars around when snow piowing.
During the Planning Commission discussion, several members feit that the appiicant should be
able to keep aii four curbcuts. Reasons varied depending upon the commissioner and included
the concern over impacting a relatively new curb to the applicant possibly needing ail four in
the future. Ultimately the Commission revised the condition to limit the number of curbcuts to
two during business hours with the remaining two to be biocked by cars.
Staff continues to believe the number of curbcuts should be reduced. Staff is wiliing to modify
our recommendation to a total of three curbcuts on the site. This is consistent with the
adjoining transmission repair shop. McDonald's, Arby's, Perkin's, and the School District
Administration Building ali have two curb cuts. Again, at ou� recent meeting, Mr. Beattie
indicated he could agree with ciosure of o�e curb cut. The condition is written to permit two
curb cuts off of East Point Douglas Road and one ftom Hefner Avenue. The appiicant may
either maintain the access points in their existing location or shift them to provide better site
circulation.
Condition #8 — The applicant revise fhe site landscape plan to increase the amount of open
space similar in infent to fhat depicted on Euhibits L and M. The landscape plan shall include
overstory trees, ornamenta! trees, and shrubbery and will include plantings along fhe back of
the lot to aid in buffering the sife from the adjoining residential uses. A final plan must be
submitted and approved by the Planning Division prior to issuance of a certificate of occupancy
for the new o�ce building.
Staff had requested the Commission provide them direction regarding their desire for site
landscaping. The Commission discussed the concepts laid out in the staff report and
expressed some concern over impacts on site circulation. Staff clarified that they will be
seeking additional landscape opportunities on site, which will increase the planting area
available along the front of the lot. The Planning Commission modified the resolution to state
that site landscaping shouid be similar in scope and design to that found on the commercial
properties within the neighborhood. Tne neighborhood was defined as properties afong East
Point Douglas Road from Super America to the applicanYs site. Staff is comfortable with this
modification to the condition as it further defines the City's expectations.
Staff has also discussed with Mr. Beattie several landscape concepts which would be
acceptabie to staff. Staff wiil be looking for increased landscape opportunities in the front but
will temper our interests sa that site circulation is not compromised. It appears that an
acceptable solution can be amicably met.
Condition #14 — The applicant remove one of the freestanding signs prior to issuance of a
certificate of occupancy for the new office building.
The applicant had requested the ability to maintain both signs. Under the previous condition
#5, the lots would be combined rendering one of the freestanding signs non-conforming. By
ordinance, the prope�ty is entitled to a total of 225 square feet of signage. The Planning
Commission kept this condition as part of their recommendation, consistent with combining the
CUP98-41 Sunbelt Sales and Leasing
October 29, 1998
Page 4 of 4
lots. The proposed restrictive covenant will have the effect of the two lots functioning as one.
Therefore, staff continues to recommend deletion of the second freestanding sign.
Conclusion
Staff continues to support approval of the project, as did the Planning Commission. There are
some differences regarding the specific conditians of approval as previously recommended by
staff from that approved by the Planning Commission. Since the Commission meeting, staff
has discussed several options with the applicant regarding the conditions of approval. The
attached resolution reflects these agreements.
Recommendation
Approve the resolution.
RESOLUTION 98-XXX
RESOLUTION APPROVING AN AMENDED CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION OF A NEW SALES BUILDING/SHOWROOM FOR SUNBELT SALES AND
LEASING, 7528 EAST POINT DOUGLAS ROAD.
WHEREAS, Sunbelt Sales and Leasing, Inc. has submitted an appiication for an
amendment to a conditional use permit to aliow construction of a new sales building/
showroom for the property at 7528 East Point Douglas Road; and
WHEREAS, the Sunbelt Sales and Leasing, Inc. property is legally described as:
lots 11, 12, and 13; Block 11 of Thompson Grove Estates 8th Addition, Cottage
Grove, Washington County, Minnesota.
Commonly described as 7510 and 7528 East Point Dougias Road South,
Cottage Grove, Minnesota.
WHEREAS, the Planning Commission of the City of Cottage Grave heid a public
hearing and reviewed the application at their meeting on October 26, 1998; and
WHEREAS, testimony by Judd Beattie, owner of Sunbelt Sales and Leasing, was
received and entered into the pubiic record; and
WHEREAS, the Planning Commission recommended on an 8 to 1 vote that the
application be approved, subject to conditions.
NOW, THEREFORE, BE IT RESOLVED, by the City Councif of the City of Cottage
Grove, Washington County, Minnesota, that the Conditionai Use Permit amendment proposed
by Sunbelt Sales and Leasing, Inc. to ailaw the construction of a new sales buildinglshowroom
shall be approved, subject to the fallowing conditions:
All vehicles disp�ayed or parked outside shall be in good runnie�g condition.
Wrecked or inoperable vehicles shail not be stored on the site, unless they are
inside the building.
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2. Exterior lighting for security purposes shall deflect Iight away from adjoining
residentiai properties and the public street.
3. The roof, hood, etc. of vehicles shali not be used for displaying advertising media.
This shall not be construed to prohibit information/warrantylprice iist on a window of
the vehicle. Pinwheels, pennants, streamers and other attention-attracting devices
are prohibited. Antenna pennants would be aliowed.
4. The applicant shall maintain a solid fence at the rear property line.
5. The appiicant record on all lots which comprise the site a restrictive covenant which
states that the lots function as one for purposes of the site plan, setbacks,
circulation and parking, and other applicable ordinance criteria. The covenant
preciudes sale of the lots independently so long as the property use is as a
passenger vehicle sales and display operation. The applicant, with the City's
permission, may remove the covenant if the site use changes or if the site is
otherwise brought into compliance with ordinance requirements of the site land use.
6. Ail landscaping and irrigation on the public right-of-way is at the owner's risk. The
City is not liable for any damage to these improvements and they must be relocated
at the owner's cost if the city must do work within the right-of-way.
7. The applicant sha�l close at least one curbcut on the site so that the site has a total
of oniy three curbcuts. This condition does not preclude moving or realigning
existing curbcuts so long as the site total does not exceed three and that the
relocated access complies with applicable ordinance criteria subject to staff review
and approval.
8. The applicant revise the site landscape plan to increase the amount of open space
similar in intent to that depicted on Exhibits L and M. Site landscaping shouid be
similar or better in scope and design to that found within the immediate commercial
neighborhood. The commercial neighborhood is defined as the properties along
East Point Douglas Road from Super America to the site. The landscape plan shail
include overstory trees, ornamental trees, and shrubbery and wiil include plantings
along the back of the lot to aid "en buffering the site from the adjoining residential
uses. A final plan must be submitted and approved by the Planning Division prior to
issuance of a certificate of occupancy for the new office buiiding.
9. Installation af landscaping would occur in the spring of 1999 consistent with the
approved plan. A letter of credit in the amount of 150 percent of the landscape
estimate should be submitted to the city prior to issuance af a certificate of
occupancy for the new o�ce building.
10.The applicant will repave the existing parking lot and stripe it to provide direction
regarding site circulation, customer parking, and designated display areas. Paving
Res. No. 98-XXX
Page 3
may occur up to one year after approval by the Council. The applicant shall submit
a letter of credit in the amount of 150 percent of the paving and striping estimate to
the city prior to issuance of a certificate of occupancy for the new office building.
11. Up to two ramps or elevated display areas are permitted on site so long as they are
incorporated into the final landscape plan.
12.The applicant conduct some minor grading within the green space in the north to
depress that area slightly, to provide some minor drainage retention.
13.The appiicant remove the black top area in the east which overlaps the property
line. Further, blacktop wili be removed to permit on-site landscaping in the east.
14. The applicant remove one of the freestanding signs prior to issuance of certificate of
occupancy for the new office building.
Passed this 4th day of November, 1998.
John D. Denzer, Mayor
Attest:
Garon M. Stransky, City Clerk
STAFF REPORT CASE: CUP98-41
ITEM: 6.3
PUBLIC MEETING DATE: 10/26/98 TENTATIVE COUNCI� REVIEW DATE: 11/18/98
APPLICATION
APPLICANT:
REQUEST:
Sunbelt Sales and Leasing, inc.
Conditional use permit to remove an existing structure and to construct a
35.5-foot by 51-foot commercial building
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LOCATION:
ZONING:
CONTIGUOUS
�AND USE:
SIZE:
7510 and 7528 East Point Dougias Road
B-2, Retail business
NORTH: Residential
EAST: Residential
SOUTH: Vacant land zoned commercial
WEST: East Point Douglas Road and T.H. 10/61
50,101.34 square feet
DENSI7Y:
N/A
RECOMMENDATION
Approval, subject to conditions stipulated in this staff report.
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F:\GROUPSWLANNING\79981PCREPORTISunbett cover.doc
PLANNING STAFF REPORT
CASE CUP98-41
OCTOBER 26, 1998
Proposai
Judd Beattie, owner of Sunbelt Sales and Leasing, Inc., is requesting approval of a
conditional use permit to permit demolition of an existing structure and reconstruction of
a new sales o�ce. The o�ce will be larger than the previous Pineridge Florist building
and will be two stories in height. Building placement will approximate the footprint of the
existing building and some reuse of existing footings may occur. The survey and
landscape plan are attached as Exhibits A and B.
The applicant has also submitted a landscape pian that addresses conditions of a
previous 1994 approval. Resolution No. 94-245 approving a conditional use permit for
outdoor display of new and used passenger vehicles required city approval of an
amendment to the CUP prior to the Pineridge Floral building being razed. Additionaliy,
condition #14 stipulated that the "applicant wili be required to make significant
improvements to the site plan, consisting of landscaping, screening to adjoining
residentiai properties, and improvements to the parking lot when an amendment to the
CUP is applied for, which shall be prior to the Pineridge Floral building being razed."
Staff wili be assessing the project based upon the current ordinance standards as well
as the conditions of the 1994 approval.
Background
On September 28, 1992, the Planning Commission recommended approval (4-2) of a
text amendment to permiYby conditionai use permit outdoor sales and dispiay of
passenger vehicles. The text amendment was brought to the City on behalf of the
current applicant to permit use of the property at 7510 East Point Douglas Road as a
car dealership. The conditional use permit was also recommended for approval with 15
conditions (6-0). The last condition, added by the Pianning Commission, required
revisions to the site pian to "create an aesthetic display of landscaping along East Point
Douglas Road" with finaB approva! by the Commission. Minutes fram the September 28,
1992, meeting are attached as Exhibit C.
On October 21, 1992, the City Council unanimously approved the proposed text
amendment for outdoor display of new and used passenger vehicles and the conditional
use permit for Judd Beattie. The Council approva� deleted the recommended condition
#15 added by the Commission relating to landscape revisions to the site plan. The
minutes from the October 21, 1992, City Counci� meeting are attached as Exhibit D.
Planning Staff Report
Case CUP98-41
October 26, 1998
Page 2 of 9
On September 26, 1994, the Planning Commission tabled a conditional use permit
request to permit expansion of outdoor automobile display and services to the adjoining
lot at 7580 East Point Douglas Road. The item was tabled in order to permit the
applicant and staff time to work out the details of the site plan. The minutes from the
September 26, 1994, meeting are attached as Exhibit E.
On October 24, 1994, the Planning Commission recommended approval (7-1) of the
conditionai use permit request for outdoor display expansion. At the time there was
extensive discussion on the ramifications of approval while withholding the need for site
upgrading until the future. Major areas of concern were site landscaping, the setback of
parked cars from the fence, and the impact of car display on the 80th Street retail area.
The minutes from this meeting are attached as Exhibit F.
On November 16, 1994, the City Council unanimousiy approved Resolution No. 94245
permitting expansion of outdoor display of new and used passenger vehiGes onto the
property at 7528 East Point Douglas Road. The minutes from this meeting and the final
resolution are attached as Exhibit G.
Conditionat Use Permit
initialiy, the app(icant did not believe an amendment to the exisfing conditional use
permit was necessary for the current proposal. One discussion was that the ordinance
required a conditional use for outdoor display, not the construction of a buiiding. The
proposed larger building is directly related to the use on the property and the display
and sales of passenger automobiles, and, therefore, a conditional use permit is
warranted. Further, the 1994 conditional use permit approval required the appiicant
receive an amendment to his CUP and "make significant improvements to the site plan,
consisting of landscaping, screening to adjoining residential properties and
improvement to the parking lot" prior to the Pineridge Floral building being razed.
Although the appiicant hopes to use portions of the existing Pineridge Floral building
footings and foundation, removal of the walls and roof ineets the definition of raze or
demolish.
Within the text of the ordinance for regulating outdoor display and sales of automobiles
there are several conditions which define the use. The use is permitted by conditional
use so long as it is for passenger automobiles only and that there is a minimum of one
indoor service bay on the property. Specifically, the B-2 ordinance states "outdoor
display of 'passenger automobile' for sale, lease ar rentai; provided, that a minimum of
one indoor service bay is provided on the property. For purposes of this section, an
indoor service bay snai� mean a fully enciosed structure that is structuraily part of the
principal building and aliows for the parking of a passenger automobile(s) entirely within
said building. Accessory use for repair of passenger automobiles which are on the
property for sale, lease, and rentai shall be limited to minor automobile repair.
Passenger automobile shall mean any motor vehicie (including pickup trucks and vans)
designed and used for carrying of not more than fifteen persons including the driver and
does not include motorcycles, motor scooters, boats; recreation vehicles, campers,
Planning Staff Report
Case CUP98-41
October 26, 1998
Page 3 of 9
and/or trailers.° As part of the 1994 approval, Resolution 94-245 required combining of
the two properties for tax purposes. Expansion of passenger sales on the Pineridge
property was predicated on the lot combination because it is legally tied to the primary
permit criteria: having an indoor service bay. If the two properties remain separate,
outdoor display on the Pineridge Florai property is non-conforming because there is no
service bay on site. Furthermore, if separate, each property couid be individually
disposed of which wouid render the conditional use permit invalid. For this reason, staff
continues to recommend combining of the two parcels, which is reflected in the
proposed conditions of approval.
The ordinance also lists 11 general criteria which must be met in order for the City to
grant a conditional use permit. These criteria are found later in this packet. The
foilowing lists three criteria which staff believes are particulariy relevant to the current
proposal:
1. The use will be in conformity with the city's comprehensive plan and with the
purpose, intent and appiicable standards of this chapter.
2. The use shail be located, designed, maintained, and operated to be
compatibie with the existing or intended character of that zoning district in
which it is located.
3. The use shail not depreciate values of surrounding property.
Presently, there are several non-conformities which exist on the property. The non-
conformities relate to existing parking setbacks, the western building rear yard setback,
and site landscaping. The number of curbcuts presently on the site is four, which is
excessive given the size of the property, 1.15 acres. Additionaliy, it is inconsistent with
the city's comprehensive pian regarding access onto minor arterial roadways. Finaily,
the land use section of the comprehensive pian recognizes the need to promote
aesthetic improvements and "strict compliance with the performance standards of the
Zoning Ordinance, especially as they relate ta landscaping, building materials, and
design, in order to improve the visual appeal of the city." Given the current policy
direction and the pubiic record revolving around the 1994 approvai, staff believes it
appropriate to try to bring the site into compiiance with current sta�dards. This task will
be difficult as it relates to non-conforming setbacks but upgrades can be made,
particularly related to landscaping of public views and screening to adjoining residents.
Staff believes that the applicant can meet the criteria for approval of a conditional use
permit with modifications to the proposed site and landscaping plan. These issues are
similar to those discussed in1992 and again in 1994. At that time the city feit upgrades
shouid occur when the property is redeveloped (removal of the floral shop). As required
by ordinance, applications for a conditional use permit must also be reviewed for site
plan compliance. The following addresses the specifics of the site plan as depicted on
the submitted plans. The plans are somewhat incomplete as compared to city
application standards. Snme information is based upon the site pian developed by staff
Planning Staff Report
Case CUP98-41
October 26, 1998
Page 4 of 9
in 1994 (Exhibit I) and by site review. Review is based upon the entire site, �510 and
7528 East Point Douglas Road, which together comprise one conforming land use.
Site Plan
Bui/ding Architecture
The existing one story stn.icture will be replaced with a larger, 35-foot by 51-foot,
structure that is more residentiai in character and design. The roofline will have a 9/12
pitch that makes this a dominant element in the building design. The roof ailows for
storage space within the second, attic, story. The front building fagade is symmetricai
with four window blocks evenly spaced. The front entrance is recessed and is accented
by a second story dormer. The remaining three building elevations also include window
treatment to break up the building fa�ade. Along the eastem side, two floor-to-ceiling
doors exist to permit entrance for vehicles onto the showroom floor.
The primary building material is stucco. Although not specifically listed as an acceptabie
exterior surface under the ordinance, it is statfs opinion that stucco or EIFS material is
as attractive as some of the other listed materials. It is certainly preferred over the
existing condition due to its look and durability.
The applicant has not submitted information regarding the colors of the building
materials. This information should be submitted prior ta issuance of a building permit.
Access
Four access points serve the site. Three curbcuts are found along East Point Douglas
Road and one from Hefner Avenue. A curbcut along Hefner, near the East Point
Douglas intersection, was closed during road reconstruction. in totai, the property is 323
feet in length, with approximately 82 feet dedicated for site access. On a recent visit, the
Hefner Avenue curbcut was blocked with cars, as were the two western curbcuts along
East Point Dougias Road. The appiicant stated his intention to maintain these access
points similarly in the future. He would like to keep the curbcuts to assist him in moving
cars from the property during snow piowing times.
As proposed the applicant would like to install an elevated display area central to the
site adjacent to the two center access points. The display area would preclude
reasonable use of the middie access and would be difficult to maneuver around,
especialiy during snow events.
Staff believes the number of curbcuts is excessive given the size of the site and its
location within the community along a minor arterial road. The current number is, in part,
due to the combining of two different lots; each afforded their own access. Two access
points would be more consistent with current city policy and consistent with more recent
city developments and redevelopment projects. Examples inGude the Schooi District
Pianning Staff Report
Case CUP98-41
October 26, 1998
Page 5 of 9
property, Menards, and McDonalds — ali properties with the same or greater frontage
and oniy two curbcuts.
Aithough the initial inclination to permit the curbcuts as is, to aid in snow removal on
site, staff cannot support that position. Although currently blocked by cars, there are no
guarantees that situation would remain. Staff would not advocate making that a
condition of approval because enforcement would be difficult. Further, staff is concemed
if the land use would change in the future. If the curbcuts were present, the future
p�operty owner most likely wouid want to continue their use. Finaily, maintaining this
number of curbcuts in their present location sets a poor precedent for negotiations with
other commerciai entities within the community.
Utilities
The site is currently served by City utilities. it is intended that the new building wiil use
existing lines. it is expected that any changes to the utility hook-ups would be minor in
nature and can be coordinated during building construction. The applicant must comply
with pubiic works requirements regarding water metering for commercial properties.
Grading/Drainage
There is no new site grading proposed for the project. Additionaliy there are not
changes proposed as it relates to an increase in hard surface. in fact, staff is
recommending increasing on-site open space by increasing the size of landscape
islands, which may benefit site drainage. it appears from walking the site that some
drainage flows toward the adjoining roads with some drainage flows toward the back of
the lot. It appears that the rear drainage flows toward the northem residentiai property,
and there have been attempts to stop this pattem by mounding dirt. Staff is
recommending grading in a small pond or swale, basicaliy depressing that area
somewhat, within the existing grass area adjacent to the fence line. This would permit
the site to contain mare s�f the drainage caused by current site irnprovements.
Landscaping
One of the primary discussion points of the City during previous reviews of this site is
the lack of open space and landscaping. In 1994, the Commission and Council differed
on requiring upgrades recognizing that the site would, most likely, be redeveloped in the
future. In discussions with the City Attorney, she feit the wording of the 1994 resolution
clearly reserved the right of the City to require "significant improvements" to site
landscaping, screening to adjoining residential properties, and improvements ta the
parking lot when the amended conditional use permit was applied for.
The appiicant has proposed some landscape improvements to the site borders in the
south and east. Ali plentings proposed on the site are shrubbery. Along the eastern
property line the appiicant is proposing viburnums (honeysuckle family) and arborvitae.
Planning Staff Report
Case CUP98-41
October 26, 1998
Page 6 of 9
In the south, the majority of the landscaping is located within the public right-of-way
except for the plantings proposed around the two signs and perhaps in the southeast
corner of the site. Here, the shrubs are more low-lying, which is understandable given
the display of vehicles on the site.
Staff is recommending the landscape portion of the project be substantiaily upgraded.
Opportunities for overstory tree installation exist in the north, adjoining residentiai uses,
and in the east. Instaliation in these areas would not negatively impact the commercial
visibility of the site. Further, staff believes that the applicant should provide for better
screening to the northern neighbors. Currentiy, the two fences are the primary
screening mechanism. As part of the application requirements, the appiicant obtained a
site survey and found that both of the fences are located within his property bounds.
Staff believes that any fence improvements shouid uitimately be the responsibility of the
commerciai property owner. Mature vegetation on the north side of the fence provides
mitigation of noise and light from the auto dealership. Nowever, staff believes that
screening of the commercial activity is the responsibility of the comme�cial property
owner and therefare recommends instailation of some trees along the entire south
green space area.
In regard to the landscaping proposed in the south, the ordinance does not recognize
landscaping within the public boulevard as meeting landscape performance standards.
Although staff is willing to support use of the existing boulevard to supplement
landscape opportunities, it was clearly envisioned in 1994 that additional green space
areas would be made on-site. Staff has inciuded two landscape isiand ideas in the
packet to present potential options to the Commission and applicant. Staff however is
not requiring the applicant to accomplish one of these plans but rather is suggesting this
is the type of changes the city is looking for. Staff is willing to work with the appiicant to
develop an acceptable pianting plan, which would be required prior to issuance of a
certificate of occupancy for the buiiding. It is expected that the piantings and irrigation
would be installed in the spring of 1999. The applicant is required to post a financial
guarantee consistent with all landscape projects. What staff is requesting from the
Commission is clear direction about their expectations regarding landscaping changes.
Of final note the appiicant, by ordinance, must provide a sidewalk in the front of the new
office building and provide foundation plantings consistent with the landscape
ordinance. This should also be reflected in the revised landscape plan.
Otherlssues
Signage
Presently there are two signs located on the property. When the two sites are
combined, one of the signs wili be made non-conforming. Staff is requiring as a
condition of approval that one of the signs be removed. This wili continue the city's
interest in upgrading commercial properties to existing ordinance standards.
Pianning Staff Report
Case CUP98-41
October 26, 1998
Page 7 of 9
Property line
As previousiy mentioned, the applicant obtained a site survey as part of the city's
application requirements. The survey indicates that both of the fences on the north side
of the property are on the commercial site. In the west, the fence is minimally over the
property line. In the east, the fence intrudes up to 10 feet onto the commerciai site. It is
staff's understanding that the applicant does not intend to remove the fences or require
their piacement be shifted to the residential lots. Typically, when commercial properties
abut residential uses, necessary screening or buffering is required of the commercial
entity. Staff continues to beiieve the primary responsibility for mitigating impacts lies
with the commercial property owner and therefore recommends that fence maintenance
and upkeep is the responsibility of the commercial property owner.
During the 1994 review there was significant discussion about the parking of vehicles
along the north property line. The blacktop edge is approximately five feet from existing
fences although this dimension varies somewhat. In a recent site review, staff found that
for the most part, vehicle parking was confined to the paved surface. Staff wouid
recommend maintaining this parking restriction and fuliy utilizing the capacity of the
green space by installing plantings and providing some minor retention.
Parking lot improvements
There appear to be two issues relating to parking lot improvements. The first issue
relates to existing curbcuts and traffic safety. That issue was discussed during the
access section of the report. The other issue deals with the existing parking lot surface
and site circulation. Presently, the parking lot is generally asphalt, aithough portions
appear to be graveled. A variety of areas have been patched over time. Staff is
recommending the applicant repave the parking lot to improve the surface and remove
any gravel surfaces. in doing so, extraneous impediments, such as old light bases and
the canopy footings, should be removed from the site.
Site circulation is also questionable, as there are no designated custamer parking areas
or designated car display areas. Staff is recommending the applicant stripe parking
stalls and provide directional signage, either by signs or painted on the pavement.
Similar to other situations, staff would consider giving the applicant one year to comply
with this standard.
Ramped Display Area
The applicant is proposing to add an elevated display area central to the site. In 1994, a
condition of approval specifically prohibited a display ramp. If the ramp can be
incorporated into a larger landscape feature, staff is not necessarily opposed to its
installation. In fact, it appears that there is little difference aestheticaliy between a ramp
display and parking cars along the entire road frontage. Both are easily visibie.
However, staff does not want concems about access to the ramps to preGude
landscape i�stallation or as a reason ta maintain all site curbcuts. Staff believes if it
Planning Staff Report
Case CUP98-41
Odober 26, 1998
Page 8 of 9
aesthetically incorporated into the overali site design, the ramps would be an acceptable
alternative to level surface parking across the lot frontage.
Recornmendation
Staff recommends approval of the amendment to the conditional use permit for outdoor
display and storage of "passenger automobiles" for the properties currently addressed
as 7510 and 7528 East Point Douglas Road for Judd Beattie of Sunbelt Auto
conditioned on the following stipulations:
All vehicles displayed or parked outside shall be in good running condition. Wrecked
or inoperable vehicies shall not be stored on the site, uniess they are inside the
building.
2. Exterior lighting for security purposes shall deflect light away from adjoining
residentiai properties and the public street.
3. Windows, roof, hood, etc. of vehicles shall not be used for dispiaying advertising
media. This shail not be construed to prohibit information/warrantylprice list on a
window of the vehicle. Pinwheels, pennants, streamers and other attention-attracting
devices are prohibited. Antenna pennants would be allowed.
4. The applicant shall maintain a solid fence at the rear property line.
5. The appiicant shail combine three lots of record into one taxing parcel to bring the
site into conformance with ordinance standards. The three lots to be combined are
PIN 17-027-21-13-0093, PIN 17-027-21-13-0094 and PIN 17-027-21-13-0095. A
certified copy of the lot combination from the Washington County
Assessor/Treasurers office shail be provided to the Planning Division prior to
issuance of a certificate of occupancy for the new office building.
6. Aii landscaping and irrigation on the public right-of-way is at the owner's risk. The
City is not liabie for any damage to these improvements and they must be relocated
at the owner's cost if the city must do work within the right-of-way.
7. The appiicant shall ciose at least two curbcuts on the site so that the site has a total
of oniy two curbcuts. This condition does not preclude moving or realigning the
curbcuts so long as the site total does not exceed two and that the relocated access
complies with applicabie ordinance criteria subject to staff review and approval.
8. The appiicant revise the site landscape plan to increase the amount of open space
similar in intent to that depicted on exhibits L and M. The landscape plan shall
inGude overstory trees, ornamental trees, and shrubbery and will inGude plantings
along the back of the lot to aid in buffering the site from the adjoining residential
uses. A final plan must be submitted and approved by the planning division prior to
issuance of a certificate of occupancy for the new office building.
Planning Staff Report
Case CUP98-41
October 26, 1998
Page 9 of 9
9. Installation of landscaping would occur in the spring of 1999 consistent with the
approved plan. A letter of credit in the amount of 150 percent of the landscape
estimate should be submitted to the city prior to issuance of a certificate of
occupancy for the new office building.
10.The appiicant wiil repave the existing parking lot and stripe it to provide directfon
regarding site circulation, customer parking, and designated display areas. Paving
may occur up to one year after approval by the Council. The applicant shall submit a
letter of credit in the amount of 150 percent of the paving and striping estimate to the
city prior to issuance of a certificate of occupancy for the new office building.
11. Up to two ramps or elevated display areas are permitted on site so long as they are
incorporated into the final landscape p�an.
12.The applicant conduct some minor grading within the green space in the north to
depress that area siightly, to provide some minor drainage retention.
13. The applicant remove the black top area in the east which overlaps the property line.
Further, blacktop will be removed to permit on-site landscaping in the east.
14. The appiicant remove one of the freestanding signs prior to issuance of certificate of
occupancy for the new o�ce buiiding.
Prepared by:
Kim Lindquist
Community Development Director
Attachments:
Exhibit A -
Exhibit B -
Exhibit C -
Exhibit D -
Exhibit E -
Exhibit F -
Exhibit G -
E�ibit H -
Exhibit I -
E�chibit J -
Exhibit K -
Exhibit L -
Exhibit M -
Site survey
Landscape p�an
Minutes from September 28, 1992, Planning Commission meeting
Minutes from October 21, 1992, City Council meeting
Minutes from September 26, 1994, Planning Commission meeting
Minutes from October 24, 1994, Planning Commission meeting
Minutes from November 16, 1994, City Council meeting
Resolution #94-245
Site Plan
Building elevation
Interior layout
Staff suggested landscape plan
Staff suggested landscape plan
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Piann Commission - Minutes
�eptem 28, 1992
rage 6
responded that this application pertains oniy to the subject property and would
lude the smalier parceis along Keats Avenue.
Being n�urther pubiic comment, Kleven ciosed the public hearing.
Shiely asked out when the City Council would consider this application. Berg stated
that the Counci iil consider the amendment to the entire plan on October 7th and will
consider the amen ent submitted by Orrin Thompson Homes at their October 21 st
meeting. Kleven stat that the Ptanning Commission's recommendation regarding the
Orrin Thompson appiic 'on shou�d be communicated to the City Councii for their
October 7th meeting.
Garbe stated that he was not o osed to providing sewer in the west draw nor is he
opposed to expanding the MUSA the Orrin Thompson project. He stated that he
was just disgusted with aIi of the c fiicting testimony that was received at those
hearings. Shiely agreed and stated th it was not her intenzion to stop the MUSA
expansion in other areas. She stated t she has no objection to the MUSA
expansion for the Orrin Thompson project.
Brown asked why Yhe amendment was not subm� d to the Metropolitan Council in
1991 after it was approved by the City Council. Ber tated that the city was in the
process of amending its entire Comprehensive Pian at t time and this amendment
was to be incorporated into that revision.
Based on the actions faken by the Pianning Commission and Council in regards
to this application in 1991 and the expenditures made by the appii nt in anticipatio�
of finai approval, Garbe made a motion to approve the Comprehensive n amendment
submitted by Orrin Thompson Homes.
Shiely seconded the motion. Motion carried unanimously.
#JN$ECT AUTO} CASE ZA92-44 — SUNBELT SALES AND LEASING INC./ZONING TEXT
EX7 AMENDMEN'[ AMENDMENT/AUTO SAIES, LEASING AND RENTAL AS A
NC) �UP CONDITIONAL USE IN THE "8-2" DISTRICT
CASE CUP92-45 — SUNBELT SALES AND LEASING INC.lCONDITIONAL USE
PERMIT/AUTO SALES, LEASING AND RENTAL
McCool presented the staff report for zoning text amendment application which
becomes a part of these minutes by reference.
Shiely asked if the text amendment could specificaily exclude certain types nf vehicles
such as buses. McCool stated that wouid be exclusionary zoning. Kleven added that
Planning Commission - Minutes
l,eptember 28, 1992
Page 7
the Zoning Ordinance lists what is a�lowed in each district, rather than what is not
ailowed because it is difficuit to have an ail-incl�sive listing of prohibited uses.
Kleven stated that auto sales, leasing and renta� is now a conditional use in the B-3
a�d B-4 districts and he did not feei that it would be appropriate in the B-2 district.
He stated that this text amendment will affect �II B-2 parcels in the city, not just the
parcel which this appiicant is interested in.
Shiely stated that earlier this year, the Planning Commission recommended approval
of a zoning text amendment which would allow minor automotive repair in the B-2
zoning district and it was her opinion that auto sates is a less intrusive use.
Kleven asked if a similar zoning text amendment or a rezoning for this property had
been previously denied within the past year or two. McCooi responded both
appiications had been denied.
Garbe asked if certain types of vehicies coUid be prohibited from the site. McCool
stated that aithough the applicant was wiiling to limit the types of vehicles on the site,
the city attorney felt that other types of vehicles (recreational vehicles, motorcycles,
boats, etc.) were of such a similar nature that the city may not be abie to exciude
them.
Kleven opened the pubiic hearing for the zoning text amendment.
The applicant, Judd Beattie of Sunbeit Sales and Leasing Inc. of 1 1825 Point Douglas
Drive stated that he wouid like to move his business to the center of a poputation
base. He stated that he believes his business wouid be a good buffer use between the
residential and the heavier commercial use because it generates a low amount of
traffic. He further stated that he had met with Yhe neighbors and submitted a petition
from these neighbors indicating their support of his applications. A copy of this petition
is attached and becomes a part of these mi�utes. Mr. Beattie suggested that the
zoning text be amended to ailow for the sales, rentai and leasing of "passenger
automobiles" as defined by Minnesota Statutes. A copy of this definitio� was
submitted by Mr. Beattie and becomes a part of these minutes. He aiso suggested
that an auto dealership in 2he B-2 be required to have at least one service bay. He
stated that the site is non-conforming and he felt that his business wouid be a
reasonable use of the property.
Beeg stated that the buiiding is not non-conforming, but rather the parking setbacks
and landscaping. Berg added that no matter what conditions are imposed, if the
applicant ignores them, they accomplish nothing. In particular, Berg identified that on
his existing property, Mr. Beattie has seven vehicles for sale parked on the right-of-
way. He asked Mr. Beattie to remove those vehicles fram the right-of-way.
Planning Commission - Minutes
$eptember 28, 1992
Page 8
Jerry Mickeison of 8408 Hark�ess Road stated that he was in favor of this application
and felt it would be an asset to the community.
Tom Hartneil of 8385 Harkness Road stated that he was in favor of the application
submitted by Mr. Beattie. '
Being no further pubiic comment, Kieven ciosed the pubiic hearing for the zoning text
amendment application.
Shiely asked staff to find the Planning Commission's rationale used when approving
the zoning text amendment for minor automotive repair in the B-2 district.
The Commission recessed at 9:00 p.m. and reconvened at 9:10 p.m.
Berg indicated that the Planning Commission had directed that the text amendment for
minor a�tomotive repair in the B-2 district be prepared. He read the staff report and
the minutes of the May 18, 1992 Pianning Commissio� minutes pertaining to this
issue.
Shiely stated that she feit an auto sates iot was tess objectionable than minor
automotive repair. Berg stated that the purpose statements of the B-2 and B-3
districts indicated that highway-oriented automotive uses are appropriate in the B-3
district.
Garbe made a motion to amend the zoning text to aliow for the sale, lease and rental
of "passenger automobiles" as defined by Minnesota Statutes as a co�ditional use in
the B-2 district. Piskura seconded the motion.
Kleven suggested that the Cammission co�sider an aiternative to create a new zoning
district of "B-2 Automotive" in order to ailow for the use on this site but not impact
ali other B-2 parcels in the city. Piskura felt that this proposai would be similar to spot
zoning.
A vote was taken on the motion on the floor. Motion carried 4-2 (Kleven snd Wifcox
voting nayl.
MeCooi presented the staff report for the Conditionai Use Permit apptication which
becomes a part of these minutes by reference.
Berg stated that the site plan submitted by the appiicant maximizes the number of
vehicles that the site will accommodate but proposes no significant site improvements.
He urged the Commission to require that the site be upgraded and reminded them Yhat
Yhe schooi district wiil be eenovating the two farmer grocery sYOres on East Point
Douglas Road. He said that pubtic view from the street is improved one property aY
Planning Commission - Minutes
$eptember 28, 1992
page 9
a time. 8erg stated that this site is really not large enough for an auto dealership, as
evidenced by the number of vehicles that the appiicant says he needs to have on the
site. Garbe stated that to a certain extent, economics dictate what a property can be
used for.
Kieven ope�ed the public hearing on the Conditional Use Permit applicazion.
The appiicant, Judd Beattie of Sunbeit Sales and Leasing Inc., stated that the
neighboring residents asked that the bushes at the intersection be removed for visibility
purposes but do �ot have an objection to the existence of the vehicles at that location.
Being no further pubiic comment, Kleven ciosed the pubiic hearing for the Conditional
Use Permit appiication.
Kleven stated that since the applicant did not appiy for any variances, all ordinance
requireme�ts, should be compiied with.
Berg suggested that 4he applicant dispiay fewer vehicles with more landscaping and
provide an aesthetic display for the pubiic view which would incl�de a coupie of
vehicies s�rrounded by landscaping afong pubtic frontage.
Kleven asked the appticant how many vehicies he typically had on site at his existing
location. Mr. Beattie said 40.
Kleven suggested that the eight vehicies along East Point Douglas Road be reduced to
two as part of an aesthetic display. The Commission generally agreed with this
concept. Mr. Beattie said he would consider this concept if he did not lose too many
vehicle spaces on the lot.
Kleven suggested that the Commission �ecommend approval of the Conditionai Use
Psrmit but direct staff to work with the applicant to come up with an acceptabie
compromise regarding the site plan. Berg stated that he wouid prefer that the
Conditional Use Permit go to the City Councii for approvai with the site pian being
returned to the Planning Commission for their approvai.
Piskura made a motion to approve the Conditionai Use Permit application of Sunbelt
Sales and Leasing inc. subject to the foilowing conditions:
1. Approvai of Yhe Conditional Use Permit is contingent upon the Zoni�g Text
amendment bei�g approved to aliow for automotive dealerships as a conditio�al
use in the "B-2" zoning disYrict.
Pianning Commission - Minutes
$eptember 28, 1992
page 10
2. Ail vehicles displayed or parked outside shall be in good runni�g condition and
compietely intact as manufactured. Wrecked or inopera6le vehicies shai! not
be stored on the site uniess they are inside the building.
3. tf trash dumpsters are stored outside of the buiiding, a trash enclosure structure
shall be constructed in accordance with Ordinance No. 522. Prior to its
construction, plans must be reviewed by city staff and a building permit issued.
G
C'�
A building permit shali be obtained prior to any remodeling of the buiiding.
AII signage on the site shaii comply with the provisions of the City's Sign
Ordinance.
"Potholes" and areas where the bituminous surface has deteriorated shail be
repaired.
7. The westernmost access drive along Hefner Avenue shati be removed. The
bituminous and concrete material lying between the roadway of Hefner Avenue
and the property line shali be removed and repiaced with sod and landscaping
material. New curbing shall be constructed between the existing curb aiong
Hefner Avenue and the new curbing placed along East Point Dougias Road.
The applicant is responsibie for removing the driveway and construction of new
curbing. Construction of the curb shaii be in accordance with city standards.
The Building Officiai and Fire Marshall shali inspect the building and certify it for
occupancy before any occupancy or use of the building.
Exterior lighting for security purposes shail be installed and arranged so as to
deflect light away from adjoining residential properties or public streets.
10. No vehicle shail be on a mounted or elevated platform.
11. Landscaping shail be installed along East Point Douglas Road and Hefner
Avenue. if is required that the appiicant provide the Pianning Department with
a copy of their proposed landscape plan for review and approval. The appiicant
and staff wili work together to determine the number and size of piantings.
12. The sppiicant shali submit a bonafide cost estimate of the landscaping
improvements, driveway removal and curb construction. A letter of credit in
the amount of 125 percent of such estimate shall be submitted to and approved
by the city before any bui�ding permits or occupancy of the property. Upon
completion of the required improvements, the owner/appiicant shaii, i� writing,
inform the city that said improvements have been completed. The city shall
Planni�g Commission - Minutes
$eptember 28, 7992
�a9e 11
retain the financia� guarantee for a period of one year to insure the survivai of
the plantings.
13. Windows, roofs, hoods, etc. of vehicies shall �ot be used for displaying
advertising media. This shall �ot be construed to prohibit
informationlwarranty/price list o� a window of the vehicie. Pinwheeis,
pennants, streamers a�d other attention-attracting devices are prohibited.
14. The applicant shall maintain the solid fence at the rear property line.
15. The appiicant shail work with the pianning staff to revise the site plan 6y
creating an aesthetic dispiay of landscaping along East Point Douglas Road
consistent with the Pianning Commission's intent. This revised site plan shall
be submitted to the Planni�g Commission for review.
Brown seconded the motion. Motion carried unanimousiy.
Shi stated that at their August 24th meeting, it was her understanding that the
Comm ion's intent was to phrase their motion pertaining to developmgnt in the west
draw in te s of de�sity. Berg stated that the Commission's recommendation of three
to five acre imum lot sizes wouid translate to 0.33 to 0.20 units per acre. it was
agreed that ton t's minutes wouid reffect that the intent of the Commission on
August 24, 1992 to recommend development in the west draw at a density of
0.33 to 0.20 units per re.
PPR0I�AL';i3F
�511iNUT..E.,S. <.>,:.:, _.
Garbe made a motion to ap�
1992 Pianning Commission
carried unanimously.
the minutes of the August 17, 1992 and August 24,
'A�gs as mailed. Shiely seconded the motion. Motion
DNfM17 �'�
R£P{1RT5
STAFFREPORTS
The Commission discussed the procedures for appo ents to the various City
Commissions. The consensus of the Commission was tfi the City Cou�cil should
estabiish a consistent, written policy for the selection o embers to ail city
cornmissions. They feli that all vacancies should first be made a ilable to members
of other city commissions, then opened up to the pubiic. Shie asked that all
appointments and resignations be announced to the Commission. Pisku olunteered
to researeh ordinances of other cities and eeturn with additional informatio garding
COMMITTEE REPORTS
Regutar City Council Meefing - 1Q/21/92 c�( �' R�� D 9
�� /� �r
OF SOYTBALL FIELDS FOR GIRLS' ATHI,ETZCS
Council ended the agenda and proceeded to consider Agenda Item i1.H,
constructi of softball fields for girls' athletics.
John Fredrick n, Director of Parks/Recreation, informed the Council
that he met wi representatives of the Cottage Grove Athletic Associa-
tion and the Sch 1 District to determine what alternate sites may be
available for us for girls' softball. City Staff rasearched all
available lands wi the City. The following sites could be upgraded
and/ar constructed:
Grey Cloud Elementary S ool - Construct three additional fields
Hemingway Park - Upgrade isting softball field
Fiighlands Park - Two small oftball fields for T-ball players
Fredrickson requested authori tion to eacpend up to $20,000 to perform
the requested improvements.
Council expressed concern about s e of the issues cited in Fredrick-
son's report dated October 20, 199
1. School District reimbursing the ity for costs incusred in the
construction of three fields at Grey Cloud School. Council
inquired about the proposed location f the fields, when the fields
would be constructed by the School Di trict if not constructed by
the City? Preliminary construction ca ts?
2. Inadequate off-street parking and lack o�estroom facilities at
Hemingway Park. Any plans on how the issu would be resolved?
3. Proposal that the infields remain grass at Hi�lands Park.
Following discussion, motion to table this matter t the November 4,
1992, Regular Council Meeting, made by Councilmember Bu Seconded by
Councilmember Wolcott. Motion Unanimously Carried.
BID AVVARDS - Nane
1 i i• 1 ; 1
ZONZNG TEST AMENDMENT � BALE� LEASE� RENTAL OF PASSENGER AIITOMOBILES
WITHIN THE "8-2 RETAIL DZ6TRICT
Council reviewed the application of Judd Beattie of Sunbelt Sales and
Leasing, %nc., for a zoning text amendment to allow automotive sales as
a conditional use within the "B-2", Retai2 Business District.
McCOOl highlighted that it was the Planning �taff's recommendation to
deny the application. The Planning Commission, ffollowing a public
hearing, recommended that the application be approved. McCool infarmed
the Council that at the Planning Commission public hearing, Seattie
submitted a petition aontaining 34 neighboring resident signatures in
support of the proposed text amendment.
Regular City Council Meeting - 10/21/92
Judd Beattie of Sunbelt Sales and Leasing, Inc.,
Drive, requested that the zoning text be amended to
rental, and leasing of "passenger automobiles" in
suggested an auto dealership be required to have
bay to de-ice vehicles.
io
11825 Point Douglas
allow for the sales,
a B-2 District, and
at least one service
Motion to appzove the application of Judd Beattie of Sunbelt Sales
Leasing, Inc., for a zoning text amendment to allow new and used
automotive dealerships as a conditional use within the "B-2", Retail
Business District, and to direct the City Attorney to prepare the
necessary ordinance made by Councilmember Buth. Seconded by Councilmem-
ber Raun. Motion Unanimously Carried.
CONDITIONAL IISE PERMIT - SIINSELT 6ALES AND LEASING
Council reviewed the application of Sunbelt Sales and Leasing, Inc., to
occupy property located at 7510 East Point Douglas Road, for the purpose
of selling, leasing, and renting automobiles (PZ Case CUP92-45j.
The Planning Commission unanimously approved the Conditional Use Permit,
subject to compliance of 15 conditions. A revised site plan is to be
returned to them for further review.
Motion to adopt RESOLUTION NO. 92-250, a resolution approving applica-
tion of Sunbelt Sales and Leasing, Inc., for a conditional use permit to
occupy property located at 7510 East Point Douglas Road, for purposes of
operating a new and used automotive dealership that sells, leases, and
rents automobiles, conditioned on the deletion of the following
Condition Number 15, recommended by the Planning Cammission:
15. The applicant shall work with the planning staff to review=the site
plan by creating an aesthetic display of landscaping along East
Point Douglas Road consistent with the Planning Commission°s
intent. This revised site plan shall be submitted to the Planning
Commission for zeview.
amend Secticn 13 to read:
13. Windows, roofs, hoods, etc., of vehicles shall not be used for
displaying advertising media. This shall not be construed to
prohibit information/warranty/price lists on a window of the
vehicle. Pinwheels, pennants, streamers, and other attention-
attracting devices are prohibited. Antenna pennants would be
allowed.
and to approve the site plan labeled E9chibit A and dated August 17,
1992, made by Councilmember Raun. Seconded by Councilmember Buth.
Motion Unanimously Carried.
0
Council reviewed the applicati
Square Mall, 8200 Hadley Avenue South
devices at the Cottage
;jj$,�, -4 2 ) .
The agplicant, Thomas Howard of 1I80 - ibth Avenue, Stm Pau
not in attendance.
Planning Commission - Minutes
September 26, 1994
Page 2
HEARINGS-
EXHIBIT E
CUP9434 COOMBS/CONDITIONAL USE PERD4IT(CONVEI�ITIENCE
\ CENTER - 7601 HEIVIINGWAY AVENLIE
Berg explain at because this is a denial, the protocol of the legal system requires that
we read the staf rts and associated exhibits in their en6rety. Berg proceeded to read
the staff report and rrespondence relating to this application, which becomes a part
of these minutes by re e ce. Attachment of City Council Resolution 94-152 was not
read into the pubiic recor t is identified as Exhibit D on the staff report. The
Chairman's expianation was als tached but not read into the public record but is noted
as Exhibit E in the staff report. mal agenda for the Cottage Grove City Council
meeting of July 20, 1994 was also n d but referred to as Exhibit F in the staff
report. Berg also noted that two exhibits ere submitted with the application for site
plans and for building facades were shown as ibit G and H in the staff report.
Staff conected a typo in the staff report that refers tion 28-28; it should instead
read Section 28-58, which is the B-1, Limited Business 'ct.
Motion by Boyden, seconded by Auge to recommend denial of itional Use Permit
94-34 for pouglas Coombs for a convenience store at 7601 Hemin Avenue South
in tlwl convenience stores are not allowed as permitted or corzditiona e pe»nits in
Section 28-58 of the B-1, Limited Business District of the Cottage Zoning
Ordinance.
Motion carried 7-0.
CASE CUP94-42 JUDD BEATTIE/CONDITIONAL USE PERNIIT/EXPAND
TF�E OUTDOOR DISPLAY OF USED AUTOMOBII.ES AT
7510 AIVD 7580 EAST PT. DOUGLAS ROAD.
John McCool read the staff reperrt which becomes a part of these minutes by reference.
McCool used an overhead projector to illustrate all the exhibits that had been provided
in the staff repart. He verbalized all the problems related to the site, how the current
and proposed ordinances would impact the property.
Boyden inquued as to who uses the trailer that is parked in back of the Pineridge Floral
building.
McCool advised that Pineridge Floral uses this trailer and would probably be removed
-_- once Pineridge Florai vacates the pmperry.
Shiely said that she picketl up on the original resolution that indacated that ehe access
along Hefner Avenue was to be removed.
Planning Commission - Minutes
September 26, 1994
Page 3
McCool explained that there were two accesses, the one closest to the intersection was
actualiy removed.
Kleven asked whether Sunbelt Auto was in compliance with the original Conditional Use
Permit.
McCooi indicated that there was a boat parked on the site that was owned by Mr. Beattie
and there was a dumpster problem.
Kieven asked if there were any other questions of ihe staff by the Planning Commission.
He then opened the hearing to [he public.
Judd Beattie, 7510 East Pt. Douglas Rd., stated that the car dealership needs expansion
room and what they were proposing would not interfere with Pineridge Floral. He
indicated that the fence separating the two proper[ies was currendy needed for security.
He said he did not want to do all the landscaping that was shown as a potential on the
Planning Commission staff report because he didn't want to change how Pineridge Floral
dces business. Beattie said that Sunbelt Motors was closer to complying with the
Landscaping Ordinance more than most businesses were. Any landscaping may have to
be removed later if they were to install it now. He said he was not in any hurry to have
Pineridge Floral leave since their agreemen[ provided an income source for that property.
Mr. Beattie told the Commission that currenfly all of his vehicies are puked near the
fence because that area is graveled and noted that his prime display is to get vehicles as
close to East Pt. Douglas as possible. Beattie stressed that they need to display cars right
next to the street. He commented that he was unaware that there is an opening in the
fence but he is willing to fix anything not currently in compliance.
Shiely asked af the car dealer expands, if there will be a doubie set of cars parked back
by the residential lots.
Podoll quesrions whether he wholesales cars.
Beattie responded that it is not his intent to sell cars on the new lot; however, if someone
wants to buy, he is certainly willing to discuss this. He reported that the lot will
primarily be used for trade-ins that have not yet been inspected or cleaned up and may
not be in the best running condi6on. At that point, a decision would be made as to
whether they would be wholesaled or not. Beattie advised that people walk through the'u
property on Sundays and then on Monday customers must be told that the cars located
on the second property would have bad engines and would not be for sale.
Boyden inquired as to whether he was adding another class of car to his property since
F' most cars have been newer year models.
Pianning Commission - Minutes
September 26, 1994
Page 4
Auge remarked that this becomes a transitional area and questioned how Mr. Beattie
came up with 30 cars being on the site.
Beattie responded that fleet cars come in or occasionally surplus vehicles may come in
so the count may be as high as 30.
Auge asked if he will pazk any of these transitional cars under the Pineridge Floral
canopy.
Beattie replied that it depends on what the future holds.
Shiely asked if he had purchased the property.
Beattie advised that he had.
Shawn Valentine, 8450 Aarlmess Road, stated that she was representing the concerns of
her neighbors regarding lighting of the lot, truck deliveries at night, clients who are
wandering near the residences contemplating a purchase, intercom noise, and people
walldng through the lot to look at cars late at night.
Beattie said he would and should fix the fence, acknowledging that peopie do come
through that lot and through her yard.
HIeven stated that he is unsure just what the applicant is asking and what the Planning
Commission's role and the direction that shouid be given to the staff to come up with a
better application.
Boyden said that a lot can be done now and how can things be done now on his elcisdng
property that won't interfere with other businesses.
Auge quesfioned what needed to be clarified.
Shiely said she would like to table this ac6on because it is related to the Landscaping
Ordinance and she is concerned with doubling up a Conditionai Use Permit.
Kieven said for Sunbelt to confinae to exist, are we extending this to a second lot.
Berg responded yes.
�rown asked if the property was zoned correGfly.
Berg responded yes, it is zoned B-2, Retail Business District. Berg discussed the
ordinance with the problem that currently a used car sales must have an indoor service
bay that is fully enclosed and part of the principal building.
Planning Commission - Minutes
September 26, 1994
Page 5
ven questions whether the "what ifs" are not covered and this becomes an active sales
lot. ically, the City and the applicant shoutd reach an understanding of what is to
haonen this site.
Shiely said th he did not want anything to threaten Pineridge F'lorai's continued
opention on the
Kieven agreed that the s brings up excellent points on what should be looked at for
this project.
Boyden asked if staff was going to
the road.
other alternatives now versus sometime down
Auge asked what is the game plan if
leaves fairly quickly.
_ Kleven stated that if the Conditional Use Permit is g ed now, what are the guarantees
that this site will be upgraded down the road.
Shiely said if iYs approved on one site, is it automatic that it e ds to the second site?
She also expressed a strong concern for neighborhood objecfions he site.
Motion by Podoll, seconded by Shiely to continue this item for 30 da�[O allow the
applicant and staff to work out these details. \
Motion carried 6-0.
CASE ZA9430 CITYOFCOTTAGEGROVE/TEXTAMF..NDMEN'I'/SEC.28-
48(c) - �OMI�ERCIAL/INDUSTRIAL BUILDING
ERTERIORS
�erg read the staff report which bECOmes a part of these minutes by reference.
Podoll asked whether P.A.W. enterprises was sent to the City Council.
Staff advised that it had been approved.
McCool said that the P.A.W. enterprises were obtaining cost estimates for brick 9 f�t
up the side of the wall with the balance of the front wall to be faced with wood.
HIeven stated that it appeared to him that Video LJpdate had put the aesthetic aside of the
,--_- , building, which is the front facing the Target pazldng lot and that the side facing Fast Pt.
E' :!. . Douglas was made of block. He commented that Payless had done a nice job in treating
all sides the same. He did not think that it was in the best interest of the City that the
baek side of the building he eonstrueted of cinder block.
Pianning Commission - Minutes
October 24, 1994
Page 4
Beatde said he would extend landscaping of his existing boulevard plantings into this
new area.
Podoll asked if he was irying to keep a continuous look and would he aiso keep his
fence.
Beattie said that he would need to stop foot traffic from coming between the pazked cars
and would encourage enciosure of the fence from the residences.
Kleven said that he was still concerned about parking cars on the Pineridge Floral lot
versus display of vehicles. We shouid nat confuse the public on whether Pineridge Floral
is open or ciosed. He is uneasy with no landscaping being required with this particular
permit. He said that somehow the City needed a specific timeframe as to when
appropriate landscaping wouid be required. If we give up the landscaping now, do we
then have the ability to come in later and ask for more landscaping. He is uneasy with
the precedent that may be set. Earlier [his year an applicant asked for an extension and
the Planning Commission asked if the applicant was in compliance with their cunent
conditional use permi[ and the same should be done here.
Shiely said that the cars were not against the fence in the original pian and now they are.
She wants to see what the new plan would be and whether or not the double row of
pazldng would be eliminated.
Boyden said that Beattie would bring cars in
be cleaned up before being brought to the I<
interfere with Pineridge Floral business. '
problem with a double 6er of cars.
before cleanup and asked if those cars can
t. Beattie said that iCis not their intent to
['he neighbors behind him do not have a
Brown said that the resolu6on did not require moving cars away from the fence.
Auge asked if they are in compliance.
McCool made the comparison of eight versus ten vehicles closing the curb access, the
boat being stored there that will be removed, and the vehicle on the trailer was not in
total wmpliance but was not worth being pursued by the staff at this time.
Auge said ihat the neighborhood may or may not feei that five fe�t is an adequate amount
of land and they may think that is the ordinance.
Beattie said that the neighbors that are compiainu�g aze not behind the e�cisting Sunbelt
Auto facility.
Podoll asked whether the neighborhood would look at the latest site plan as a comfort
level and would ezpect it to be�forced to the letter.
Pianning Commission - Minutes
October 24, 1994
Page 5
Beattie asked the Commission for some credit for volunteering to do some things on his
own.
Podoll said the last thing Cottage Grove wants is to look like Aastings Avenue in
Newport.
_ Beattie assured the Commission that he had worked on the original ordinance that pushed
for an npgrade of his industry image within the Ciry of Cottage Grove.
.
Ingram said that he wanu to go on record that he was never in favor of that ordinance.
Motion by Ingram, Seconded by Boyden to recommend approval of CUP94-42 Judd
Beattie Outdoor Uisptay of Used Vehicles at 7510 and 7580 East Point Douglas Road
based on the ten condirions as recommended by staff.
Kleven asked whether a vote against the motion will affect what will happen and when
it wiil happen. Can we come back later. That is a legal question that he would like
answered by the City Attorney prior to City Council consideration.
Ingram said that condition t!9 said that it will come back within one year for renewal of
the Conditional Use Permit.
Boyden said his second is based on the idea that Sunbelt Auto wouid do some
landscaping on the boulevazd but not as a substitute for ordinance requirements.
Kleven reminded everyone that as long as the Pineridge Floral building exisu, under Uus
motion no upgrade is required to take place.
Auge asked what are we really going to get later.
Kleven said that we are doing extensive changes by doubling the size of the conditional
use permit. He asked if a thirty day delay will allow a greater impact for any uneasiness
in bacldng into this endeavor.
A great deai of discussion took place on whether a legai opinion should be sought as to
whether there was enough legal muster to come back to the City for a review at some
time.
Beattie encouraged the Planning Cammission to make a recommendadon because the
snow is coming and he needs the space to park other cars.
McCool asked for clarificadon fhat the recammendation is based on Exhibit A.
Planning Commission - Minutes
October 24, 1994
Page 6
Boyden said that his second was based on Exhibit A as did the maker of the motion, Mr.
Ingram.
Kleven addressed condition I1 and condition 12 and asked whether this would ailow for
no parldng of vehicles dispiayed for sale along East Point Douglas Road.
Motion carried 7-1. Kleven opposed.
s
64(c)/PRIMARILY GAS FIRED PO WER PLANT CO-GEI�TERATION
POWER PLANT ADDING AS A CONDTTIONAL USE PERMIT IN
T'IIE INDUSTRIAL 3 ZONING DISTRICT.
Berg read
reference.
Brown added that a
report in its enrirety and it was made part of these minutes by
Shiely asked why the
genention plant was located at that site many years ago.
plant were not already in the ordinance.
Kleven said that previous to the planning commission had gone through all the
industrial zoning districts and so out why such things as vinegar piants were s611
shown. He has asked the piannin taff to bring this back to both the Planning
Commission and the Economic Develo nt Authority.
Being no other questions of staff, the chair o'�ed the public hearing.
Steve Guthery, 8773 Janero, said he was concern bout the expansion of the pipeline
that gces with the power piant. T'he pipeline expansio ces from 24 inches to a 30 inch
pipeline. He said he has an inground pool in his bac d and he dcesn't expect any
damage to the pool but it is a scary thought. He felt that a ut twenty homes would be
affected by this.
Kleven reminded him that his comments would be more pertinent r on in the agenda
when the Conditional Use Pernut was being sought. He asked wheth anyone had any
otsjecdons or if anyone was in favor of adding language to the Indus 3 District to
allow the power plant to be proposed.
Motion by Boydea, seconded by Shiely to recommend inciusion of th�
"primarily gas fired power plant/cogeneration power plant"as a conditional use
an the d-3 Zoning Ilistrict..
�<i� _, •, • �
REGULAR CITY COUNCIL MEETING
NOVII�ER 16, 1994 �����'� �
PAGE 4
11. UNFINISHED AND NEW BUSINESS
A.
L. S. Power Corooration
Blake Wheatley representing L. S. Power Corporation was in
attendance. An overview of the project to construct a
primarily gas-fired power plant/cogeneration power plant
was qiven.
Zoning Text Amendment
1.
Hotion by Rageth, seconded by Wolcott, to adopt
ORDZNANCE NO. 606, AN ORDINANCE FOR THE CITY OF COTTAGE
GROVE, MINNESOTA, AMENDING CHAPTER 28 OF CITY CODE,
ADDING SEC. 28-64, "I-3", GENERAL INDUSTRIAL DISTRICT,
(C) (4) TO READ:
`Primarily qas fired
plant."
�
Motion carried. 5-0.
Conditional Use Permit
2
power plantJcogeneration power
Motion by Rageth, seconded by Buth, to adopt RESOLUTZON
NO. 94-244, A RESOLUTION APPROVING THE APPLICATZON OF
L.S. POWER COMPANY FOR A CONDITIONAL USE PERMIT FOR A
PRIMARILY GAS FIRED COGENERATION POWER PLANT, AND THE
APPLICATION FOR A HEZGHT VARIANCE OF 213 FEET FOR A
HEAT STACK. Motion carried. 5-0.
Fire Code Variance - Shiel�Nelsan Mine
Motion by Wolcott, seconded by Rageth, to approve the
variance application of Shiely Company to the State of
Minnesota, Department of Public Safety, to install two
tanks at 11250 Grey Cloud Island Drive exceeding the 6,000
gallon individual eapacity specified in the State Fire
Code. Motion carried. 5-0.
Sob Bieraugel of Shiely Company was in attendance.
At 8:12 p.m., Council took a brief break. Regular meeting
reconvened at 8:30 p.m.
C. Conditional Use Permit - Sunbelt Sales & Leasina
Council reviewed the npplication of Sunbelt Sales & Leasing
for a conditional use permit amendment ta allow for and
expand the outdoor stozage and display of new and used
� passenger vehicles onto the Pineridge Floral parcel.
On October 24th, the Planning Commission voted to
recommend to the City Council approval of the request,
REGULAR CITY COUNCIL MEETING
NOVEMBER 16, 1994
PAGE 5
�
�
C�
subject to compliance with ten (10) conditions. Proposed
staff revisions were outlined in a report from Senior
Planner John McCool dated November 15, 1994.
Community Development Directo= Gary Berg briefed Council on
non-conformities of each parcel of land, the property
owner's short and lonq-term plans for the property, and the
City's expectations relative to future amendments.
Berg reported that the applicant would like the Council to
consider allowing the parking of three vehicles along East
Point Douglas Road.
Jed Beattie, owner of Sunbelt Sales & Leasing presented a
petition signed by five adjacent property owners. The
petition stated that the property owners have discussed Mr.
Beattie's proposal for the storage and display of vehicles
at the Pineridge Floral site, and believe it would be a
reasonable use of the property. A copy of the petition is
attached to the original minutes.
Beattie stated he would like permission to park three
vehicles along East Point Douglas Road. Two facing
east/west on the Sunbelt site and one facing east/west on
the Pineridge Florist site. Ae also asked that he not be
required to combine the two lots into one taxing district.
AS FOLLOWS:
Following extensive discussion, motion by Buth, seconded by
Wolcott, to adopt RESOLUTION NO. 94-245, A RESOLUTION
APPROVING AN AMENDMENT TO RESOLUTION NO. 92-250, A
RESOLUTION APPROVING THE CONDITIONAL USE PERMIT FOR SUNBELT
SALES AND LEASING, INC., FOR PURPOSES OF ALLOWING OUTDOOR
DISPLAY OF NEW AND USED PASSENGER VEHZCLES AT 7510 AND 7528
EAST POINT DOUGLAS ROAD, AMENDING CONDITION NO. 11 TO READ
li. Approval of thie Conditional Uae Permit is based
an the overall layout as shown in Exhibit "A",
except only one vehicle for eale, lease, or
outdoor storage shall be permitted within the 30
foot front sethack af the Pineridge Floral
property while the exiating Yineridqe Floral
building ie occupied by e bueinesa unrelated to
Sunbeit Salea nnd Leasing. The location of this
one (1) dieplay space ahall be in the northweat
corner of the Pineridge Floral Pascel.
Motion carried. 5-0.
Ordinance Amending Chapter 26 on DischareXe of Water
Council reviewed the propased ordinance amending Chapter
26, Section 26-15, adding section (bj to read:
"A discharqe pipe ehall be inetalled to the outeide
wall of all new and remodeled buildings with rigid
_--�-°
�
.
RFSOLUTION NO. 94-245
A RFSOLUTION APPROVII�TG AN AMENDMENT TO
RESOLUTION NO. 92-250, A RFSOLUTION
APPROVING TFIE CONDITIONAL USE PERMQ'T
FOR SUNBELT SALFS AND LEASING,
ING FOR PURPOSFS OF ALLOWING
OLITDOOR DISPLAY OF NEW AND
USED PASSENGER VEHICLES
WHEREAS, Sunbelt Sales and Ixzsing, Inc. filed a Condi6onal Use Permit applica6on to amend
City Resolution No. 42-250, a resolution approving a Conditional Use Permit for purposes of
expanding the outdoor display area for new and used passenger vehicles on property legally
described as:
°'Lots 11, 12 and 13, Block 11, Thompson Grove Estates Sth Addition, Cottage
Grove, Washington County, Minnesota".
Commonly described as 7510 and 752$ East Point Douglas Road, Cottage Grove,
Minnesota.
WHEREAS, public hearing notices were mailed to property owners within 500 feet of
the above described property and published in the Washington County Bulletin; and
WFiEREAS, Sunbelt Sales & Leasing occupies an existing building located at 7510 East
Point Douglas Road. The huilding is used far an office and service/maintenance shop (two
attached service bays) and new/used passenger vehicles that are for sale, rent and lease are
displayed along the perimeter of the property boundary lines. The rear yazd setback for the
existing building and parking setbacks do not comply with the minimum requirements of the
Zoning Ordinance. The existing five foo[ high wood fence located along the rear lot line also
dces not comply with the six foot high screening requirement; and
WHEREAS, Sunbelt Sales & Leasing has purchased the adjoining property (Pineridge
Floral) located at 7528 East Point Douglas Road. The rear yard setback for this existing
building and parking setbacks also do not comply with the minimum requirements of the Zoning
Ordinance; and
WHEREAS, Sunbelt 5ales & Leasing's immediate plan is to expand their outdoor storage
and display of new and used passenger vehicles on the Pineridge Floral parcel. The existing
Pineridge Fioral business wiil continue to occupy the property and existing building for an
undetermined period of time; and
Resolution No. 94-245
Page 2
WHEREAS, Sunbelt Sales & Leasing's future plan is to demolish the Pineridge Floral
building, close certain access drives, and build an addition to their existing building (Exhibit
"B"); and
WHEREAS, The City is allowing reasonable use of both properties and the existence of
nonconformities until such time a change is made to Exhibit "A", or another application
amending this Conditional Use Permit is required. The City will re-evaluate these
nonconformities at that time and will require certain improvements for purposes of mifigating
there impacts; and
WFiEREAS, the Planning Commission held a public hearing on September 26, 1994 and
October 24, 1994 and by a vote of 7 ayes to i nay, recommends to the City Council the
approval of this request, subject to certain conditions; and
WHEREAS, two neighboring residential property owners submitted a statement of
"Issues and Concerns" for this proposal. This statement was read aloud at the October 24, 1994
Planning Commission meeting; and
WHEREAS, it was acknowledged that the proposed landscaping improvements by the
applicant will increase the front yazd "green space", but did not want these improvements to
conflict with the applicant's future development plans and potential for this site.
NOW, THEREFORE BE IT RFSOLVED, the City Councii of the City of Cottage
Grove, Washington County, Minnesota hereby approves an amendment to Resolution No. 42-
250, a resolution approving the original Conditional Use Permit application made by Sunbelt
Sales and Leasing, Inc. for purposes of allowing the outdoor display of new and used passenger
vehicles on property legally described above, subject to the following conditions:
1. All vehicles displayed or parked outside shall be in good running condition.
Wrecked or inoperable vehicles shall not be stored on the site, unless they are
inside the building. •
2. The trash dumpster shall be enclosed or screened so as not to be visible from
abutdng property or street. A gate shall be conswcted on the front of the trash
enclosure.
3. Exterior lighting for security purposes shall deflect light away from adjoining
residential proper[ies or public streets.
4. No vehicle shall be on a mounted or elevated platform.
Resolution No. 94-245
Page 3
5. Windows, roof, hood, etc. of vehicles shall not be used for displaying advertising
media. This shall not be construed to prohibit information/warrantylprice list on
a window of the vehicle. Pinwheeis, pennanu, streamers and other attention-
attracting devices are prohibited. Antenna pennants would be atlowed.
6. The applicant shall maintain the solid fence at the rear property line.
7. "Stop" signs shail be instalied at all driveway exiu. The signs shali be 30" X 30"
in size. T'he bottom of the sign must be 7 feet above the ground and between 3-6
fee[ away from the curb.
8. All landscaping improvements on the public right-of-way is at the owners risk.
The City is not liable for any damage to said improvements. .
9. As a minimum, this Conditionai Use Permit will be administratively reviewed on
an annual basis or when Pineridge Floral vacates the premises and said building
is converted to a different use. The purpose of this review is to insure all
conditions specified herein are complied with.
10. The applicant shall combine the two lots of record into one ta�cing parcel. A
certified copy of this lot combination from the Washington County
Assessor/Treasurers office shati be provideci to the Planning Division before
December 31, i994.
1 l. Approval of this Conditional Use Permit is based on the overall layout as shown
in Exhibit °'A", except only one vehicle for sale, lease, rent or outdoor storage
shall be permitted within the 30 foot front setback of the Pineridge Floral
property while the existing Pineridge Floral building is occupied by a business
unrelated to Sunbelt Sales and Leasing. The location of this one (1) display space
shall be in the northwest corner of the Pineridge Fioral parcel.
12. Approval of this Conditional Use Permit does not include the improvements
shown in the conceptual landscape plan wichou[ the existence of the Pineridge
Fiora] b�ilding (Exhibit "B"). An amendment to this Conditional Use Permit
shall be applied for by the applicant prior to Pineridge Flora] buiiding being
raised.
13. The City must approve an amendment to this Conditional Use Permit for any
changes that are not shown in Exhibit "A".
14. The appiicant will be required to make significant improvements to the site pian,
consisting of landscaping, screening to adjoining residential properties and
Resolution No. 94-245
Page 4
improvements to the
Permi[ is applied for,
raised.
pazking lot when an amendment to the Conditional Use
which shall be prior to the Pineridge Floral building being
Passed unanimousiy this 16th day of November�.1994.
D. Denzer,
Attest:
�iu-t-�:,� //� �tit�-rr..G�.`
Caron it4. Stransky, Cit Clerk
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