10-10374rRESOLUTION NO. 10374
RESOLUTION APPROVING AN
INTERIM USE PERMIT
TO ALLOW USED AUTO SALES
BY INTERSTATE AUTO GROUP INCORPORATED
(DBA CARHOP)
AT 6529 PENN AVENUE
WHEREAS, the City of Richfield (the "City) adopted a Comprehensive Plan in 2009
to guide the development of the community; and
WHEREAS, the City has adopted a Zoning Ordinance or other official controls to
assist in implementing the Comprehensive Plan; and
WHEREAS, an application has been filed with the City of Richfield which requests
an interim use permit to allow Interstate Auto Group Incorporated (dba CarHop) (the
"Applicant") to conduct used automobile sales at 6529 Penn Avenue; and
WHEREAS, the Property is zoned Mixed Use -Community (MU-C) and within the
Penn Avenue Corridor Overlay District (PAC); and
WHEREAS, the requested interim use of the property is not permitted in the PAC
District; and
WHEREAS, the City Council finds that the temporary nature of the proposed interim
use eliminates the adverse effects the prohibition was intended to prevent. Compliance
with performance and landscape standards, Penn Avenue Design Guidelines and
termination of the permit in three-years time eliminates the detriment that an auto sales
business will have on the creation of apedestrian-friendly corridor; and
WHEREAS, the Planning Commission held a public hearing on May 24, 2010 to
review the application for an Interim Use Permit, following mailed and published notice as
required by law; and
WHEREAS, the City Council has reviewed all materials submitted by the Applicant;
considered the oral and written testimony offered by the applicant and all interested
parties; and has now concluded that the application is in compliance with all applicable
standards and can be considered for approval.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
The proposed Interim Use Permit request meets all applicable conditions and
restrictions stated in Subsection 547.15 of the 2007 Zoning Ordinance except as
follows:
a. The proposed interim use is not a permitted use within the Penn Avenue
Corridor Overlay District. In accordance with Subsection 547.15 Subd. 3e
the City Council finds that the temporary nature of the interim use eliminates
the detriment that an auto sales business will have on the pedestrian-friendly
vision of the Corridor given that pedestrian upgrades have yet to occur
elsewhere in the area.
b. The proposed interim use will be nonconforming from the outset. Subsection
547.15, Subd. 5c states that "a change in the City's zoning regulations that
render the [interim] use nonconforming" shall terminate the permit. In
accordance with Subsection 547.15, Subd. 3e the City Council finds that the
purpose of the Interim Use Permit in this instance is to allow productive use-
- of a property that is not yet "ripe" for redevelopment given current market
conditions. The temporary nature of the interim use will ensure that the
nonconforming use not be allowed to continue so long as to become a
detriment to the implementation of the Comprehensive Plan. Nonconforming
status will not terminate the Interim Use Permit.
2. An Interim Use Permit for used auto sales by Interstate Auto Group Incorporated
(dba CarHop) at 6529 Penn Avenue, as described in City Council Staff Report
No.106 is approved with the following conditions:
a. The Interim Use Permit will expire three (3) years from its effective date, or
upon termination or sale of the current business (Interstate Auto Group
Incorporated (dba CarHop)), or upon the sale of the subject property by the
current owner (Penn Avenue Partners II LLC), or upon violation of the
conditions under which the permit was issued, whichever occurs first.
b. That a 22-foot minimum drive aisle be maintained in the parking area.
c. That a maximum of 32 vehicles be on site, including inventory, customer and
employee parking..
d. That all parking stalls be striped (9 ft. x 19 ft.) in accordance with
requirements on file with the Public Works Department by July 8, 2010.
e. That no vehicles be parked or stored on grass buffer areas.
f. That landscaping be installed and maintained in accordance with approved
plan dated April 2010 by July 8, 2010.
g. That a decorative fence, wall or hedges be installed in grass areas along
Penn Avenue in accordance with Penn Avenue Design Guidelines by July 8,
2010.
h. That all roof-top mechanical equipment be screened from public right-of-way
in accordance with City requirements by July 8, 2010.
i. That all trash containers be kept inside the building and not stored in the
parking lot.
j. The Interim Use Permit shall be reviewed periodically by the City to ensure
compliance with the conditions set forth in this resolution.
2010.
Adopted by the City Council of the City of Richfield, Minnesota this 8th day of June,
Debbie Goettel, Mayor
ATTEST:
Nancy Gibb , ity Clerk
RESOLUTION NO. 10373
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
LAW ENFORCEMENT LABOR SERVICES (EELS), LOCAL 225
BARGAINING UNIT FOR THE YEAR 2010
WHEREAS, the City Manager and the 911 Dispatchers EELS Local 225 have
reached an understanding concerning conditions of employment for year 2010; and
WHEREAS, it would be inappropriate to penalize EELS Local 225 members who
have negotiated in good faith; and
WHEREAS, the City Ordinance requires that contracts between the City and the
exclusive representative of the employees in an appropriate bargaining unit shall be
completed by Council resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve the Labor Agreement between the City of Richfield and EELS Local 225
Bargaining Unit for year 2010, under the provisions of the Labor Agreement, to be
implemented, effective January 1, 2010 and authorize the City Manager to execute the
contract.
Adopted by the City Council of the City of Richfield, Minnesota this 8th day of
June 2010.
ebbie Goettel, ayor
ATTEST:
Nancy Gibbs ity Clerk