Agenda - Council - 12/13/2011 - Laserfiche WebLink

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upgraded to comply with the standards of City Code Section 117-115 by June 30, 2016 or upon notice from the City should the interchange project not move forward, whichever occurs first. The Planning Commission recommended that Staff work with the City Attorney regarding the sunset clause to allow for flexibility in the deadline in the event the deadline passes, but the construction of the interchange appears to be within the immediate future. Staff will continue to work on exact language as to the proper legal form with the City Attorney. Grading and Drainage Plan The Applicant will be required to submit a grading, drainage and surfacing plan to the City for review and approval prior to commencement of any improvements. The Applicant has also been informed that they will be responsible for obtaining any and all other applicable permits prior to commencement of site improvements, including but not necessarily limited to, Lower Rum River Watershed Management Organization (LRRWMO) and National Pollutant Discharge Elimination System (NPDES) permits. Among other requirements, the Applicant shall demonstrate that the proposed use will not discharge surface water directly into the right-of-way. Temporary Use of Unimproved Surface for Parking and Display Area Due to the time of year of this request, any grading/surfacing work that will need to be completed won't begin until the 2012 construction season. Therefore, the Applicant is seeking permission to temporarily utilize the unimproved surface on site to display their merchandise until such time in 2012 that the improvements can be installed. A condition of the proposed CUP allows for the temporary use of unimproved surfaces no later than June 30, 2012. Information related to this request has been forwarded to both Anoka County and Mn/DOT for review and comment. Mn/DOT has responded with no direct concerns related to the CUP; however, they have requested to receive the grading, drainage and surfacing plan as well to review how stormwater will be managed and whether they would be any additional run-off into their right-of-way. As of the writing of this case, no comments have been received from the County. Funding Source: The Applicant is responsible for all City costs incurred in administering and enforcing this Permit. Staff Recommendation: The Planning Commission held a public hearing regarding this case on December 1, 2011. No written or verbal comments were received at the public hearing or by mail. The Planning Commission recommends City Council approval of the applicant's CUP contingent upon the following: • Review and recommendation of the City Attorney regarding the proposed surface material sunset clause (the Planning Commission stated that they wanted some flexibility within the CUP so it could be extended administratively if the Armstrong/Highway 10 interchange project is delayed); and • Use of unimproved surface terminated by June 30, 2012. Committee Action: Motion to adopt the Resolution adopting Findings of Fact related to a request for a conditional use permit to permit motor vehicle sales in the B-2 Highway Business District on the following properties: 8175, 8151, and 8101 Riverdale Dr NW, subject to review by the City Attorney as to legal form. -and- Motion to adopt the Resolution approving the conditional use permit to permit motor vehicle sales, contingent on review and approval by the City Attorney, subject to review by the City Attorney as to legal form.