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Res 2019- 03 CUP Amend Allow Electronic LED Display Speedway 1200 Mendota Heights RdCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-03 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW AN ELECTRONIC LED DISPLAY SIGN FOR SPEEDWAY FUEL STATION LOCATED AT 1200 MENDOTA HEIGHTS ROAD [PLANNING CASE NO. 2018-29] WHEREAS, Sevan Site Solutions, (the "Applicant") acting on behalf of Realty Income Properties 3, LLC and Speedway LLC (the "Owner") requests approval of a conditional use permit amendment to allow a new electronic LED lighted display signs at the existing Speedway (former SuperAmerica) fuel station and convenience store located at 1200 Mendota Heights Road, as proposed under Planning Case No. 2018-29, and legally described in the attached Exhibit A; and WHEREAS, pursuant to Title 12-1D-15 SIGNS, any existing motor fuel station seeking a permit for electronic display of fuel prices must submit a request to amend their conditional use permit; and WHEREAS, on December 20, 2018, the Mendota Heights Planning Commission conducted a public hearing on the proposed conditional use permit amendment request, and whereupon closing the hearing, recommended unanimous (4-0 vote) approval of said application request, which would allow the Applicant to install a new electronic LED lighted display signs at the existing Speedway site located at 1200 Mendota Heights Road; with certain findings of fact and conditions noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit amendment to allow a new electronic LED lighted display signs at the existing Speedway fuel station and convenience store site, located at 1200 Mendota Heights Road and as proposed under Planning Case No. 2018-29, can be approved based on the following findings of fact: A. The proposed new electronic LED signage will not be detrimental to the health, safety or general welfare of the community; should not cause any traffic hazards; will not depreciate surrounding property value; and said signage appears to be in harmony with the general purpose and intent of the City Code and the comprehensive plan. B. The proposed new LED signage will be compliant with the conditions included in the City Code that allow it by conditional use permit. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit amendment to allow a new electronic LED lighted display signs at the existing Speedway fuel station and convenience store site, located at 1200 Mendota Heights Road, is hereby approved with the following conditions: 1. A new sign permit for the electronic LED change -over shall be submitted and approved prior to any work done on the signs. 2. All existing conditions in the original conditional use permit approved under Resolution No. 96-21 shall remain in effect and unchanged due to this CUP amendment approval. Adopted by the City Council of the City of Mendota Heights this 2nd day of January, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res. No. 2019-03 Page 2 of 3 EXHIBIT A Property Address: 1200 Mendota Heights Road, Mendota Heights MN 55120 PID: 27-52250-02-010 Legal Description: LOT 1, BLOCK 2, NORTHLAND PLAZA, DAKOTA COUNTY, MINNESOTA. [Abstract Property] Res. No. 2019-03 Page 3 of 3 Receipt:# 596526 COND $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-03 3296588 Recorded on: 3/14/2019 11:17 AM By: TMB, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW AN ELECTRONIC LED DISPLAY SIGN FOR SPEEDWAY FUEL STATION LOCATED AT 1200 MENDOTA HEIGHTS ROAD [PLANNING CASE NO. 2018-29] WHEREAS, Sevan Site Solutions, (the "Applicant") acting on behalf of Realty Income Properties 3, LLC and Speedway LLC (the "Owner") requests approval of a conditional use permit amendment to allow a new electronic LED lighted display signs at the existing Speedway (former SuperAmerica) fuel station and convenience store located at 1200 Mendota Heights Road, as proposed under Planning Case No. 2018-29, and legally described in the attached Exhibit A; and WHEREAS, pursuant to Title 12-1D-15 SIGNS, any existing motor fuel station seeking a permit for electronic display of fuel prices must submit a request to amend their conditional use permit; and WHEREAS, on December 20, 2018, the Mendota Heights Planning Commission conducted a public hearing on the proposed conditional use permit amendment request, and whereupon closing the hearing, recommended unanimous (4-0 vote) approval of said application request, which would allow the Applicant to install a new electronic LED lighted display signs at the existing Speedway site located at 1200 Mendota Heights Road; with certain findings of fact and conditions noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit amendment to allow a new electronic LED lighted display signs at the existing Speedway fuel station and convenience store site, located at 1200 Mendota Heights Road and as proposed under Planning Case No. 2018-29, can be approved based on the following findings of fact: A. The proposed new electronic LED signage will not be detrimental to the health, safety or general welfare of the community; should not cause any traffic hazards; will not depreciate surrounding property value; and said signage appears to be in harmony with the general purpose and intent of the City Code and the comprehensive plan. B. The proposed new LED signage will be compliant with the conditions included in the City Code that allow it by conditional use permit. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit amendment to allow a new electronic LED lighted display signs at the existing Speedway fuel station and convenience store site, located at 1200 Mendota Heights Road, is hereby approved with the following conditions: 1. A new sign permit for the electronic LED change -over shall be submitted and approved prior to any work done on the signs. 2. All existing conditions in the original conditional use permit approved under Resolution No. 96-21 shall remain in effect and unchanged due to this CUP amendment approval. Adopted by the City Council of the City of Mendota Heights this 2nd day of January, 2019. ATTEST: Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res. No. 2019-03 Page 2 of 3 EXHIBIT A Property Address: 1200 Mendota Heights Road, Mendota Heights MN 55120 PID: 27-52250-02-010 Legal Description: LOT 1, BLOCK 2, NORTHLAND PLAZA, DAKOTA COUNTY, MINNESOTA. [Abstract Property] Res. No. 2019-03 Page 3 of 3 STATE OF MINNESOTA ) COUNTY OF DAKOTA ) S.S. CITY OF MENDOTA HEIGHTS ) I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do hereby certify that the attached Resolution is an exact copy of the resolution on file in my office adopted by the Mendota Heights City Council. Signed and sealed by my hand on this 141 day of March, 2019. Lorri Smith, City Clerk (SEAL)