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Res 2019- 62 CUP Outdoor Sales 2440 Enterprise DrCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-62 APPROVING A CONDITIONAL USE PERMIT FOR AN OUTDOOR SALES LOT IN THE I -INDUSTRIAL DISTRICT PROPERTY LOCATED AT 2440 ENTERPRISE DRIVE (PLANNING CASE NO. 2019-23) WHEREAS, Garland's Inc./JBT LLC (as "Applicant") is requesting a Conditional Use Permit (CUP) for a new open sales lot, as proposed under Planning Case No. 2019-23, and for the property located at 2440 Enterprise Drive (the "Subject Property"), which is legally described on attached Exhibit A; and WHEREAS, the Subject Property is guided I -Industrial in the 2030 Comprehensive Plan and located in the I -Industrial District; and WHEREAS, pursuant to City Code 12-1 G-2 of the I -Industrial District, "Open Sales Lots" are considered a conditional use in the industrial zone, and Open Sales Lots are defined by city Zoning Code as: "Land devoted to the display of goods for sale, rent, lease, or trade where such goods are not enclosed within a building"; and WHEREAS, on August 27, 2019, the Mendota Heights Planning Commission held a public hearing on this request item, whereby a planning staff report was presented and received by the commission, comments from the Applicant and public were received and noted for the record, and whereupon closing the hearing and follow-up discussion, the Planning Commission recommended approval (by 7-0 vote) of the Conditional Use Permit for the outdoor sales lot, with certain findings of fact and conditions of approval as noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council, that the Conditional Use Permit for the new open sales lot on the Subject Property and as proposed under Planning Case No. 2019-23, may be approved based on the following findings of facts: A. The proposed conditional use allowing the outdoor sales lot in the Industrial District will not be detrimental to the health, safety or general welfare of the community, nor will cause serious traffic congestion nor hazards, nor depreciate surrounding property values. B. The proposed parking and storage of the trailers on the subject property should not impact the required parking needs of the Applicant's business needs, and therefore this new use conforms to the general purpose and intent of the zoning code and comprehensive plan, including I -Industrial District performance standards. C. The outdoor sales/storage lot for the trailers will be effectively screened and secured, assuring that any visual impacts from neighboring properties will be minimal, and access for emergency personnel is assured by means of an approved access/key box. D. Applicant has agreed to the conditions noted herein, including (but not limited to) the fence with special screening measures, and that no trailers will be parked outside the dedicated fenced -in area, all of which minimize any visual impacts to the neighboring properties. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Conditional Use Permit for the new open sales lot on the Subject Property, and as proposed under Planning Case No. 2019-23, is hereby approved, with the following conditions: 1. The parking and display of any new trailers at this location will be confined only to the fenced -in area and in the space(s) noted on the Site Plan submitted under Planning Application No. 2019-23 and presented in this Planning Report. No trailers will be allowed to be stored at any time outside the fenced -in lot or any unpaved (grass) areas of the subject property. 2. All new fencing shall be black vinyl coated chain -linked fencing, with decorative inserts for added screening measures, and must be a minimum of 6 -feet in height at all locations. 3. The Applicant shall provide additional fencing along the northwest corner and along the north (back) line of the property. 4. A fence permit shall be required for the installation of the new fence. 5. Any new sign(s) proposed under this development plan must meet the standards of City Code Title 12-1D-15: Signs. No temporary signs, special sales event signs, flags, balloons, pennants or similar attention attracting devices will be allowed or permitted for the promotion, advertisement, or sale of trailers at this location. 6. The Applicant agrees to install a "Knox -box" or similar key/switch feature for fire and police emergency access on the outside of the gate/fence area. Res. 2019-62 page 2 Adopted by the City Council of the City of Mendota Heights this 3rd day of September, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: Lorri Smith, City Clerk Res. 2019-62 page 3 EXHIBIT A PID No. 27-13200-01-020 ADDRESS: 2440 Enterprise Drive, Mendota Heights, MN 55120 LEGAL: Lot 2, Block 1, BDS Addition, Dakota County, Minnesota [Abstract Property] Resolution Document Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res. 2019-62 page 4 Receipt:# 632472 COND $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-62 3333701 Recorded on: 10/23/2019 9:50 AM By: AS, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder APPROVING A CONDITIONAL USE PERMIT FOR AN OUTDOOR SALES LOT IN THE I -INDUSTRIAL DISTRICT PROPERTY LOCATED AT 2440 ENTERPRISE DRIVE (PLANNING CASE NO. 2019-23) WHEREAS, Garland's Inc./JBT LLC (as "Applicant") is requesting a Conditional Use Permit (CUP) for a new open sales lot, as proposed under Planning Case No. 2019-23, and for the property located at 2440 Enterprise Drive (the "Subject Property"), which is legally described on attached Exhibit A; and WHEREAS, the Subject Property is guided I -Industrial in the 2030 Comprehensive Plan and located in the I -Industrial District; and WHEREAS, pursuant to City Code 12-1 G-2 of the I -Industrial District, "Open Sales Lots" are considered a conditional use in the industrial zone, and Open Sales Lots are defined by city Zoning Code as: "Land devoted to the display of goods for sale, rent, lease, or trade 14;here such goods are not enclosed i4)ithin a building"; and WHEREAS, on August 27, 2019, the Mendota Heights Plamiing Commission held a public hearing on this request item, whereby a planning staff report was presented and received by the commission, comments from the Applicant and public were received and noted for the record, and whereupon closing the hearing and follow-up discussion, the Planning Comrnission recommended approval (by 7-0 vote) of the Conditional Use Permit for the outdoor sales lot, with certain findings of fact and conditions of approval as noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council, that the Conditional Use Pen -nit for the new open sales lot on the Subject Property and as proposed under Planning Case No. 2019-23, may be approved based on the following findings of facts: A. The proposed conditional use allowing the outdoor sales lot in the Industrial District will not be detrimental to the health, safety or general welfare of the community, nor will cause serious traffic congestion nor hazards, nor depreciate surrounding property values. B. The proposed parking and storage of the trailers on the subject property should not impact the required parking needs of the Applicant's business needs, and therefore this new use conforms to the general purpose and intent of the zoning code and comprehensive plan, including I -Industrial District performance standards. C. The outdoor sales/storage lot for the trailers will be effectively screened and secured, assuring that any visual impacts from neighboring properties will be minimal, and access for emergency personnel is assured by means of an approved access/key box. D. Applicant has agreed to the conditions noted herein, including (but not limited to) the fence with special screening measures, and that no trailers will be parked outside the dedicated fenced -in area, all of which minimize any visual impacts to the neighboring properties. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Conditional Use Permit for the new open sales lot on the Subject Property, and as proposed under Planning Case No. 2019-23, is hereby approved, with the following conditions: 1. The parking and display of any new trailers at this location will be confined only to the fenced -in area and in the space(s) noted on the Site Plan submitted under Planning Application No. 2019-23 and presented in this Planning Report. No trailers will be allowed to be stored at any time outside the fenced -in lot or any unpaved (grass) areas of the subject property. 2. All new fencing shall be black vinyl coated chain -linked fencing, with decorative inserts for added screening measures, and must be a minimum of 6 -feet in height at all locations. 3. The Applicant shall provide additional fencing along the northwest corner and along the north (back) line of the property. 4. A fence permit shall be required for the installation of the new fence. 5. Any new sign(s) proposed under this development plan must meet the standards of City Code Title 12-1D-15: Signs. No temporary signs, special sales event signs, flags, balloons, pennants or similar attention attracting devices will be allowed or permitted for the promotion, advertisement, or sale of trailers at this location. 6. The Applicant agrees to install a "Knox -box" or similar key/switch feature for fire and police emergency access on the outside of the gate/fence area. Res. 2019-62 page 2 Adopted by the City Council of the City of Mendota Heights this 3rd day of September, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: Lorri Smith, City Clerk Res. 2019-62 page 3 EXHIBIT A PID No. 27-13200-01-020 ADDRESS: 2440 Enterprise Drive, Mendota Heights, MN 55120 LEGAL: Lot 2, Block 1, BDS Addition, Dakota County, Minnesota [Abstract Property] Resolution Document Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res. 2019-62 page 4 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 3" day of September, 2019. Lorri Smith, City Clerk (SEAL)