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HomeMy WebLinkAboutResolution No. 2012-016 RESOLUTION NO. 2012 -016 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR TYBANG TRANSMISSION TO ALLOW A MINOR AUTOMOBILE REPAIR BUSINESS IN THE CENTRAL BUSINESS DISTRICT IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2012 -0201) has been submitted by Tybang Transmission to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 836 — 40 Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (F)(3)(c), to allow a minor automobile repair business in the CBD, Central Business District at 836 — 40 Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on February 8, 2012; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in haiiiiony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. Resolution No. 2012 -016 Page 2 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Due to the change of occupancy of the building, the building will have to be fitted with a fire- suppression sprinkler system prior to the tenant operating the business. This item requires a separate building permit from the city. 2. The party wall, as well as the wall separating the shop area from the offices, will have to be fire -rated to meet minimum requirements. This item requires a separate building permit from the city. 3. Should the tenant wish to continue to store the dumpster outdoors, a masonry enclosure must be constructed to meet minimum code requirements. 4. If over 3 vehicles are stored within the building, a flammable liquids trap will have to be installed meeting minimum code requirements. 5. If the tenant utilizes the parking area in the back of the property, proper parking stalls must be designated and striped accordingly. 6. During business hours when work is being performed on vehicles, the garage service door must remain closed at all times with the exception of moving the vehicles in and out of the service bay. 7. All vehicles waiting for repair or pick -up shall be stored within an enclosed building or in designated off - street parking spaces. No cars waiting for repair or pick -up shall be stored on 40 Avenue. 8. All work shall be performed within a completely enclosed building. 9. All vehicles parked or store on -site shall display a current license plate with a current license tab. Outside storage of automobile parts or storage of inoperable or salvage vehicles shall be prohibited. 10. The sale of vehicles shall be prohibited, unless allowed by conditional use. Resolution No. 2012 -016 Page 3 11. The use shall employ best management practices regarding the venting or odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor -tight fittings to eliminate the escape of gas vapors. 12. Any newly - installed rooftop equipment must be screened from view from adjacent properties. 13. An environmental management plan, including a storm water management and drainage plan, shall be submitted and approved to address the impact of the facility on the environment. Passed this 13 day of February, 2012 Offered by: Williams Seconded by: Schmitt Roll Call: Ayes: Peterson, Williams, Diehm, Schmitt Nays: Nawrock' Mayor Gary L. Peterson Attest: ' atricia Muscovit , CMC City Clerk