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HomeMy WebLinkAbout2003-02-24 WC Recorded Document #3311083STATE OF MINNESOTA COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned, being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that 1 have compared the attached document: with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a full, true and complete copy of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak Park Heights, this 24th day of January, 2003. " \ t NOTICE OF CERTIFICATION 2.9 VI Cod C c) cu_p poc Conditional Use Permits For Stillwater Ford V auc,LAt4L. L) ./e Judy oist Acti City A sstrator ( L_Cri - Y\ lineAr5 3311083 11\111111111114 Office of the County Recorder Washington County, MN Cerlitied flied andior recorded on: 2003102/24 4:24:00 PM 3311083 Cindy Koornenn County Recorder Planners File No. 798 -02 -9521 Owner: Dennis E. Hecker Address: 500 Ford Road Mi neapolis, MN 55426 Present Zoning District: - 0 - CITY OF OAK PARK HEIGHT$ CONDITIONAL USE PERMITS FOR STILLWATER FORD Legal Description: (Washington County Plat - Parcel No. 06-029-20-11-0009) See Exhibit A attached hereto And Lott, Block 2, Jacob Addition Rezone 12/11/95 to B-2 General Business Permitted uses set forth in Ordinance 401 Section 401.11 Date Issued December 11, 1995 Amended October 23, 2001 and January 8, 2002 IR CONDITIONAL USE PERMIT FOR: Open and outdoor service and sales as an accessory use effective January 1,2000; major auto repair is authorized on site. 10/23/2001-Amendment to allow offsite parking lot use for factory incentives and promotional allotments, and temporary placement of existing vehicles to allow for periodic maintenance of the dealership principal car. lot. IL VARIANCES: June 26, 2001- Separate Permit issued January, 8, 2002 - Lighting- as set forth below All uses shall be subject to the following conditions and /or restrictions imposed by the City Council of the City of Oak Park Heights. General Description: 1. See Attached Planner's Report dated 7 December, 1995. Interim Conditional Use Permit to issue pending final signage applications and engineering approvals on drainage and lighting and Planner's review and approval of landscaping issues. 2. Modified b Planners report of November 19, 1999 as approved and adopted by the city council at its November 22, 1999 meeting.(copy attached) 3. Modified b Planners Re • art of October 2 2001 as approved by the city council at its meeting of October 23, 2001. 4. Modified by Planners Report of December 6, 2001 as approved by the city council at its' meeting of January 8, 2002. II. ADDITIONAL RESTRICTIONS AND PROVISIONS. The following additional restrictions and provisions being part of the Conditional Use Permit to be issued herein affecting the following matters shall be: A. Accessory Buildings None B. Fencing None C. Exterior Storage Parking of vehicles only D. Chemical/Pollutant storage and disposal None E. Screening See F below P. Landscaping Permit holder to submit detailed plans to be subject to council approval G. Lighting As per City Engineering approval All . lighting fixtures and the lighting plan shall be compliant with Section 401 .15 . B .7 of the zoning ordinance 1/8/02-Lighting Plan attached(Exhibit B) and approved subject to: a. All freestanding light fixtures shall be replaced with fixtures and light sources that do not exceed a total of 25 feet. b. The five proposed flood lights shall be removed and no additional flood lighting of the building, facades or sales lot shall be allowed. c. The lighting plan shall be revised to show a lighting intensity in compliance with the zoning ordinance requirements. All fixtures shall be installed such that the light intensity is compliant with the zoning ordinance requirements. The applicant shall provide proof of compliance once all the lighting fixtures are installed on site. d. A variance and amended CUP is granted to allow the eight existing freestanding fixtures to remain at less than the 10 foot setback requirement. H. Parking As per approval plans, see 7 December, 1995 Planer's Report. Permit holder shall provide a delineation of parking stall use on the dealership lot. No sales, repairs or service of vehicles will be allowed on the off site lot. The off site lot shall remain under the same ownership as the car dealership lot. The City Engineer shall approve the location of the driveway from the off site lot to Neal Avenue. No signage shall be allowed on the offsite lot except directional signage consistent with the zoning ordinance and MSRP or warranty stickers on the cars. 10 foot setbacks for all parking /curb barriers shall be maintained on the off site lot. The off site lot shall have a landscape plan subject to the approval of the City Arborist and be screened from the public right of way in compliance with Section 40 1.15 E of the zoning code IQ Hours of Operation N/A J. Advertising/Signage Signage plans and improvements to be separately applied for and subject to City approval K. Drainage Subject to final approval to the City Engineer and Browns Creek Watershed District L. Other: All other conditions noted in Planner's Report of 7 December, 1995, November 19, 1999 and October Z2, ,2001 III. REVIEW Pursuant to Order of the City Council of the City of Oak Park Heights, a periodic review of this Conditional Use Permit is imposed as a condition of its grant. This Conditional Use Permit may be reviewed annually at the Direction of the City Clerk, which shall notify the permit holder of the date of the annual review at least ten (10) days prior to the review hearing. Date: IN : WITNESS WHEREOF, the parties have set forth their hands and seals. r 3, 0 3 Date: / /-,2 4 w (-/L3 By Date: :l 5 By David Beaudet, Mayor - 0 OAK P EIGHTS Dennis B. Hecker Judy r olst Acting City Administrator Exhibit A Washington County GEO Code No. 06-029-20-11-0009 Legal Description: Lot 1, Block 1, Jacob Addition Washington County GEO Code No. 06-029-20-11-0015 Legal Description: Lot 1, Block 2, Jacob 2 Addition Northwest Associated Consultants Inc. COMMUNITY PLANNING REPORT TO: Mike Robertson FROM: Cary Teague/Scott Richards DATE: 7 December 1995 RE: Oak Park Heights - Stillwater Ford - Rezoning/CUP FILE NO: 798.02 - 95.21 EXECUTIVE SUMMARY Background Attached for Reference: PLANNING • DESIGN • MARKET RESEARCH Mr. Dennis Hecker, Stillwater Ford-Lincoln-Mercury, is requesting a rezoning of property containing the existing Stillwater Ford and adjacent undeveloped property, from 0-Open Space to B-2 General Business, in order to expand the outdoor parking/sales and service area. The subject property was part of land annexed in March of 1991. All of the land within the annexation area 15 held in an "0", Open Space Conservation zoning classification, until which time appropriate zoning is requested. Additionally, the applicant is requesting a conditional use permit to allow open and outdoor service and sales as an accessory use. The applicant has recently purchased the subject property, which is located south of Highway 36 and west of Noreil Avenue. Exhibit A - Site Location Exhibit B - Specific Lots Exhibit C - Existing Stillwater Ford Site Exhibit ID - Site Plan Exhibit E Grading & Drainage Exhibit F - Lighting Plans Exhibit G Comprehensive Plan Land Use Map 'v. 5775 Wayzata Blvd.- Suite 555 . St. Louis Park, MN 55416 (612) 595-9636.Fax. 595-9837 ISSUES AND ANALYSIS Rezoning In consideration of the rezoning, a determination must be made in regard � to the acceptability of the proposed land use. As mentioned reviousl the applicant � Y� pp art has requested a rezoning of the property from O-Open ace to B 2 General Business. �n e ss. Rezoning Evaluation Criteria: Section 401.16 A. 5 of the Zoning Ordinance directs � the city Council to consider the possible adverse effects of the r osed amendment. p ent. its judgements must be based upon (but not limited to) the following factors: 1. Relationship to the municipal comprehensive plan. p p 2. The geographical area involved. 3. Whether such use will tend to or actually depreciate the area in which it is proposed. 4. The character of the surrounding area.' The demonstrated need for such .use. Comprehensive Plana The existing land use plan, as contained within the Comprehensive Plan designates the subject site for commercial uses. The site is located within Planning District 17, which also designates the subject property for � p p rty commercial uses. Compatibility The Zoning Ordinance stipulates that the proposed use should be compatible with present and future land uses and the character of the area. In determining the acceptability of the proposed zoning amendment, it is beneficial to examine surrounding land uses. The following is a listing of uses and zoning designations which surround the subject site: Direction se Zoning_ North Commercial •- north side commercial (Stiirwater) of Highway 36 South . - Agriculture /Undeveloped 0 - Open Space East Stillwater Ford B-2 - General Business West Stilfwater.Motors (Township) Commercial (Township) 2 o 1 e X837 P.03/09 } Conditiona( Use Permit 3 As indicated above, the surrounding land uses include commercial and open space, therefore, the proposed rezoning of the ro err to B 2 • � p y is considered consistent with the surrounding and uses. Area Depreciation: An expansion of commercial use in hi t s area would not negatively effect property values in the area. gvIutio Criteria: The purpose of a conditional use ermit is to provide the p he City of Oak Park Heights with a reasonable degree of discretion in determining he suitability � surte��i�ty afi certain designated uses upon the gsnerI welfare, ublic health and safety. ` p ety. In making this determination, whether or not the conditional use is to be allowed the consider City may consider the nature of the adjoining land or buildings, whether or not a similar use i se �s already in existence and located on the same premises or on other lands immediately close by, the effect upon traffic into and from the premises, or any adjoining roads, and � � g all such other or further factors as the City may deem a prerequisite of consideration in determining m�n�ng the effect of such use on the general welfare, public health and safety. y As mentioned above, the proposed use is an expansion of the Stillwater water Ford car dealership. Adjacent uses are compatible, including nother car dealership P to the. west Section 401.11. D.6. of the Oak Park Heights zoning ordinance g nce states th$t open or outdoor service, sale and rental as an accessory use is a conditionally permitted use within p rth rn the B- 2, General Business zoning district provided the following: t Outside service, sales and equipment rental connected with the 4 pr�ncipai use i limited to thirty (30) percent of the gross floor area of the ri c" P n � pal use. This provision of the ordinance is not pertinent to outdoor car sales lots. It is intended to regulate outdoor sales of a much more limited capacity adjacent � � Jacerlt to retail sales operations with a majority of their inventory within the enclosed d structures 2 outside sales areas are fenced or screened from y v ew of neighboring residential uses or an abutting residential district in compliance w� Section with sectron 401.03.Ba7 of the oak Park Heights zoning ordinance. There are no residential uses existing anticipated to abut this � or p use, therefore, additional screening or fencing is not necessary. The arkin lot shall b p g be required to have at least a five foot setback • area from the ra err p p y lines that will be landscaped. Si rg.thpe Freestanding Sign wall Signs CONCLUSION/RECOMMENDATION Maximum Area 150 square feet in area 30 feet tall or 15% of the building facade - whichever is less 1 Freestanding Sign allowed 150 square feet in area or 15% of the building facade whichever is less 1 Wall Sign allowed All proposed signage should meet the above requirements. if the applicant's signage proposal exceeds any of the above requirements, then a. variance must be requested, however, as with all variance requests, there are no guarantees of approval. Based on the information within this report, a rezoning of the property to B-2 is consistent with the Oak Park Heights Comprehensive Plan, therefore, our office recommends approval of the rezoning request. Further, our office recommends approval of the proposed conditional use permit to expand the outdoor parking/safes area as an accessory use subject to the following conditions: 1. The subject properties, owned by the applicant, must be combined in order for the proposed outdoor parking/sales area and the existing Stillwater Ford business to be located on the same parcel of record. The applicant shall provide copies of the recorded documents to the City upon completion. 2. Upon MnDOT's determination of the specific location of the 60th Street realignment, the applicant must submit an application for a subdivision to set aside right-of-way and create specific parcels. Park dedication for the entire parcel would be required at that time. 3. The relocated proposed parking/sales tot must maintain, at minimum, a five foot setback from all property lines. This parking area must have a perimeter curb barrier around the entire lot 4. The applicant shall submit a detailed landscape plan showing all existing and proposed landscaping, including all proposed grass, plantings or surfacing material provided in areas bordering the proposed parking/sales area. Said landscape plan shall be submitted to the City and approved by the City Council before issuance of the signed conditional use permit. 6 May not exceed the the height of the parapet wall or eave. 5. The proposed lighting plan is subject to review and approval of the City Engineer. 6. The proposed grading and drainage plan is subject to review and approval of the City Engineer and the Browns Creek Watershed District. 7 The applicant shall submit a detailed signage plan, including aH existing and proposed wall signs and freestanding signs. 8. Comments from other City Staff.. pc: Mayor and City Council Mark Vierling Joe Anderlik George McGuire 7 ‘J837 P.08/08 K 1 0 W z z :' z v W 1 ce CI_ Q 0 1 EXHIBIT A - SITE LOCATION +wti • S1 Fw l • 1 4 • PARCEL AREA„ O(CLi owc §.6 /wa 8.15} T. H 4 M# a POWER LINE EASEMENT— r r 7777. r STILL1YATER FORD , SEC LICHrIsIG Pun wIOSCARE PLA., AN° SuRvrr s;oR AoDinansaL (nFCRmATIe •. rip :EWER OR WAFER PRQPOSCO EXHIBIT D - SITE PLAN ... .d �. �. �.. ....�.. . ti ..n w . .� r rM u r.sw. 1 Enctineet-inif . _� .. "._. ..._,.... �� . �! .. ►'•� , ;. y i ' ,...� 1 e . s o ,1. [�I.ti }►ITFP FORD ` =. _ .�. ... ,. ...�.�. f't ..�_...__. Ei� he f _...., .r.ORMF...T ,+ nI4�F:.rs :n. eft �,: F , _.. �F » «..� .. wwwl��w � 1A.,It = +fY I Ih sr. ;'nf•]rt; IdkN rlwrk. 1FY S'i11! iRlk �•►!i »'"{'is1 SITE ;�F��F � •' f � ►� „ • •• • ftCrklif 4 • •• A rrt 14ri ti - rt., Int :111,7 - a rr A rg. II I 9, ■••-••■•••• ••■• • ••••••■••.. A rm. e • 10.1 t • • .41••••••••■01 . N('k()fl Ir41 11 1.41, 1. ks • •P■12! Fnn EX1 F C;RADING ig4 ORAINAi .1 } D. • r+,.."" �'•'�"A q bras w 1 . 2 AUTO KING 5 QOTCANDLE LINES OF HOrerzOliv.Z t>stanc u units e; ,r cur... 9 hack . Vcjue bctsed On 20tt mounting 3.aai t 2 0 Ds w rrci7 �., t:: � : c4 hi/ G h_s Values bc6ed. ❑n 20tt r o trn hei st 1 000 Watt Metal 'Halide. Rated. 107, 800 Initial luiens Watt Metal Halide. Rated, 32,000 Initial lumens. !L NA . : KING 5 with clear flat glas. Jr! ......., FIZON7 ROW DISPLAY IN T L N CONFIGURATION . t. f . ; ,rf ' Y .. ter. . ; r 4 ` fit, +�"w .•+W,��� .w _ r i- 3 ' 3A : :. ri. Reports crvail,czble on request +• f ,ter . - ••� f r' r :' • . • • Yo. • :.i r w WA EXHIBIT F Pi A NIR 'WATTAGE u rcury Vapour tal Halide per Metal Halide gh Presure Sodium Lam' TYPE V i r gi BEAM TEEN ti VOLTAGE O. 208, 240.277 480 F'LNLS� 400, 1000 400, 1000 40o, 1000 404, 1000 Black Bronze Dark Bronze White ) r complete mature nor, complete A through. F, iG 5 •,A -B-C- ICE -P` dering Example: 'AKG 5- 1.000- MOH - -120 WH -42s Mercury Vapour Metal Halide Super Metal Halide Pressure Sodium Forivard beam direction Beam directed left Beam directed right Multi -Tap nallast (Includes 120, 208.240 or 277) ARM ASSEMBLY (Please specify drill mount brac t €=)) 6.. extruded aluminum arm for square pole 12" extruded aluminum arm for square pole 6" extruded aluminum arm for round pole R 12" extruded .alu inum cyan for round pole :can't be used for grin 90°, Tnp1e 120 °, Triple 90 °, or p uad, N CKE CI O N 1aYURM ONS 4afti. g — Round or square pole A B C+ DP E G Not available with drill mount bra of on square pole. TRIM BRACE INCLUDED WITH FIXTURE PAINTED TO 1,T },.,C USE ONE AC ET PEA.' FOR .ADD )N-- r WN, E B? A T CONFIGURATIONS ABOVE, FOR TENON TYPE B:2 ;Z.CETS TO US D Wri TENONED : CHOICE F; AKG 5 -A. ( 57.)e-at len.on code) S • �1 �/ .. V III Twin kGt L 4 .a 1 4.r . �/ ■ l �I b ' s ti.i tl b m'v ke �/�7 ccde) . 1 �'�f �T_'�� 3 f }�r 1� � r it L L.wa Vim„► - w A/ .4�; t \f i o n W Vd V 1 ■► y�� y 1 2 3,,,j ~ b i a c k • AXG,5-2-(Speciy tenon code) Triple 90ci 'rc' ket AKG5(Specity tenon code) Quad b cket A(G5 --WM Wail r .oLmte d single bracket TENON TYPE BRALKETS KR.F. ONT.] Ps CE FABRICATED STEEL. PRIME PAINTED, SPEC' TENON CODE BY MING IN 1, 2, or 8 AS A SUFFIX TO TENON BUCKET #, 2 "x5" Tenon code -1 2W x 5 " Tenon code — 2 3W > 5'r Tenon code — 3 7 etsco LtaH'rmic PPOouc s P.O. BOX 8946, stcckfon, California 95208. ( 466-0511 F ( W, 324 d 1anuisciw - r'g p cz ;7, s iY; S; ...1 . � ] �,..ati... r• � �i��.4w�U1 li Canada; Hong 1' : _ Ran ^rr, ai:w;'��;el�.oume Ocam:ces in all principal cif s EXHIBIT F 2 - LIGHTING PLANS 271122 103 XYd DO ,1 IOW SIM2 VIDERTAIN VTIChlYZINIM • ,ac JIM WOW' al2ADI IsVI ugr� !OW 'S2:133N1ON 3 D131717 s r r * , • S:. :4DC"i 30 NOLLVQO1 Ui . AU(1S 0111dV OdO.L ‘ a "RI IN NEM 41 VJ.Oe3NUWw `d(1O1:UC7 DOI Q OO W. x v� ca od mai Wei 77LLS torgi 14 11- acs 1 CO Ar . ▪ a ►'s A 4 Exhibit S tU + • ' 4 a .2 44444a di A A .5 a • AwNii 14 . A .4 A 3 A A A A A A •A A A A A X rrirs A+ !nu ntp time MN 3 44 iggnN P2,',1 xx� x�� NI rEhb Exeerpt From approved Minutes I, Call to Order/Pledge of Allegiance /Approval of Agenda: The meeting was called to order at 7:00 p.m. by Mayor Beaudet. Present: Councilmembers Byrne, Doerr, McComber and Swenson. Staff present: Acting Administrator Kamper, City Attorney Vierling, City Engineer Pastier, Community Development Director Danielson, Public Works Director Johnson, and Administrative Secretary Johnson. Absent: None. VI. New Business: CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, JANUARY 8, 2002 CITY COUNCIL MEETING MINUTES B. Stillwater Ford Amended CUP and Variance City Planner Cynthia Putt -Yang reviewed the Stillwater Ford request for an amended CUP and variance to allow installation of five new flood lights and to allow existing lights that exceed allowed height and do not comply with setback requirements to remain. Community Development Director Danielson noted that the Planning Commission and City staff recommended denying the request for five additional flood lights, requiring the existing lights to comply with height requirements and approving a variance to allow eight fixtures to remain at less than the ten foot setback requirement. Councilrnember McComber, seconded by Byrne, moved to adopt a Resolution establishing Findings of Fact and Resolution of the City Council approving the Stillwater Ford request for an amended CUP and variances to address lighting conformity. Roll call vote taken. Carried 5 -- 0. tNkNwa n u ral mom mos ion mom rt ""'rw anon *OW 'Sb[S3NIONf . Diann smug {t'&LJ ]l r.( =ODx li9 (0L1 atom its' V.O&?itliff 11f70dY%MJ Y a.uns CYOLI 11MJU OWN /OLR 83• A :D NO1±V3a'1 aid .aA) ns oc rdV8DOd9t y.0S9NNM 'd[ o rn asaniclOD '. LT Od 0110.4 HaL VM T II.L 8 laLIWI xa 2N i�41 G71� (71 va }�SS 6. t! tl' � p z ro 3 rt m w c r c r r r r r C r r C q �r Ii �1 fi lik cr rrrrr t a C h no r r C i2g VS� r C r w w ii! � C rs r. IV -c,c, zm r A I • V r + t! LL r r la c V r ii 4 4 NORTI .EST A$$OCIATED CC SULTANTS, INC. Nriliner 5775 Wayzata Boulevard, Suite 565, 'St. Louis Park, MN . 6541 Telephone: 952.595,9636 Fao &imUUe: 952 595.9837 pianners@nacplannIng.com PLANNING REPORT — Addendum TO: Kimberly Kamper FROM: Scott Richards DATE: December 6, 2001 RE: Oak Park Heights . Stillwater Ford: Amended CUP and Lighting Variance . FILE NO: 798.02 01.09 BACKGROUND As you are aware , g Group the Goldridge rou asked that consideration of the conditional use permit g ` and variance to address lighting issues at the Stillwater Ford dealership be continued ' to the December 13, 2001 Planning Commission meeting. The Planning Commission � had first considered the request at the September meeting. The applicant has further lighting p er refined the li - htin plan and to include fixtures that comply with the maximum height requirements. A revised lighting plan has been submitted for review g re � and approval. Attached for reference: Exhibit A: Exhibit 6: Existing /Future Setbacks Photometric Plan ANALYSIS Fixture Height. pp ei ht. The applicant has indicated that all of the freestanding fixtures currently comply on the site do not with the 25 foot height requirement for light sources p Y on a pole. The new plan proposes that all of the fixtures would have a 23 foot pole p p ro p height and would be mounted on a two foot base. With the new plan, all freestanding fixtures would be compliant with the Zoning Ordinance and the original conditional use p g permit approval, proval, p Bu�ld�n • g Light Fixtures. All of the fixtures that have been installed on the building are compliant with the Zoning ordinance standards. Flood Lights. Five flood lights have been mounted on light poles to provide architectural building lighting. These fixtures were not part of the original approvals. Section 401.15.B.7 specifies that "architectural/historical light fixtures that feature ig qk‘74tia qr e not shielded, or lighting of entire facades or architectural features of a titg' be approved by the City Council." This approval does not require a variance. Staff has reviewed the site at night and noted that the flood lights are directed at the cars in the lot and not at the building facade. Photometrics A revised photometric plan has been submitted including the light intensities with the new plan. Section 401 .15.B.7 of the Zoning Ordinance requires the following: "d. Intensity. No light source or combination thereof which cast light on a public street shall exceed one (1) foot candle meter reading. as measured from the centerline of said street nor shall any light source or combination thereof which casts light on adjacent property exceed four-tenths (0.4) foot candles as measured at the property line, per the method outlined in Section 401 .15.B.7.e." The revised plan indicates that with glare shields, light levels on the east property line would be less than 0.4 foot candles at five feet below grade. The site elevation at the edge of the parking area falls significantly on the property to the east. Thus„ the proposed lighting on the property line is acceptable. The light intensities on the south property line far exceed the 0.4 foot candle requirement. Even with glare shieicls a variance and amended CUP would be required to allow the light intensities at the proposed levels. The light intensities nearest the street are all compliant with the one foot candle requirement. Fixture Setback. The revised site plan does not include moving the light fixtures that are less than 10 feet from a street right-of-way. Eight fixtures on Neal Avenue/60 Street North have been found to be non-compliant with the 10 foot requirement. The applicant requests variance and conditional use permit approval for those fixtures in that moving the lights and light bases would result in a loss of car display area and place fixtures in areas of the parking lot where they would be difficult for parking lot maintenance. The hardship is that many of the fixtures were located on or near the property line prior to the City adopting the light standards and setback for fixtures. The Zoning Ordinance review criteria for variances is found in the planning report dated . October 2, 2001. RECOMMENDATION AND CONCLUSION City staff makes the following findings and recommendations related to the request and revised site plan: 1 a The five flood lights focu on the front facade significantly increases the light intensity and light glare on the site. Due to the proximity of the freestanding fixtures to the front of the building and the fact that all of the wall signs are back lit, the building facade and signs are adequately lit without the need for additional flood lights. In fact, it appears as though the five flood lights are focused on cars and not the building facade. The Planning Commission should recommend to the City Council that the five floodlights be removed. 2. The revised site plan should be further revised such that the site is compliant with the light intensity requirements of the Zoning Ordinance. shielding should be placed such that no more than OA foot candles of light be cast on the south property line. The plan as proposed for the east property line is acceptable. 3. The requested variance for fixture setback is acceptable to staff in that many of the fixture bases existed before the 10 foot setback requirement was included in the Zoning Ordinance as part of the lighting standards adopted in 1997. The boulevard area between the curb and property line is approximately 30 feet along Neal Avenue and 60th Street. The fixtures are adequately set back from the curb even if they are less than 10 feet from the property line. City staff recommends the variance and CUP for the eight freestanding fixture setbacks, removal of the five flood lights, and compliance with Zoning Ordinance requirements for light intensity with the following conditions: 1. All freestanding light fixtures shall be replaced with fixtures and light sources that do not exceed a total height of 25 feet. 2, The five flood lights shall be removed. No additional flood lighting of the building facades or sales lot shall be allowed. 3. The lighting plan shall be revised to reflect a light intensity in compliance with the Zoning Ordinance requirements. Ali fixtures shall be installed such that the light intensity is compliant with the Zoning Ordinance requirements. The applicant shall provide proof of compliance once all of the lighting fixtures are installed on site. 4. The Planning Commission recommend and the City Council approve a variance and amended CUP to allow the eight freestanding fixtures to remain at less than the 10 foot setback requirement. 5. Other conditions of the Planning Commission and City council. pc; Kris Danielson 3 CITY OF OAK PARK HEIGHTb 7:00 P.M. TUESDAY, OCTOBER 23, 2001 CITY COUNCIL MEETING MINUTES Excerpt FromApproved Meeting Minutes Call to Order/Approval of Agenda: The meeting was called to order at 7 :00 p.m. by Mayor Beaudet. Present: Councilmembers Byrne, Doerr, McComber and Swenson. Staff present: Finance Director Hoist, City Attorney Vierling, City Engineer Postler, Community Development Director Danielson, Public Works Director Johnson, and Administrative Secretary Johnson. Absent: Acting Administrator Kamper. Mayor Beaudet added Development Fees as item V I. J. and Bayport /Oak Park Heights Strategic Planning Meeting as item VI.K. Councilmember Swenson added Planning Commission as item VI.L. Councilmember McComber added Potholes as item VII.C. Councilmember Byrne, seconded by McComber, moved to approve the Agenda as amended. Carried 5 — 0. VL New Business: F. Stillwater Ford CUP for offsite Parking. Planner Richards reviewed the request for off site parking for employees. Councilmember McComber, seconded by Mayor Beaudet, moved to amend Resolution item 6 to allow inventory stickers on the car .windows. Carried 5 — 0. Councilmember Doerr, seconded by Byrne, moved to amend Resolution item 1 to strike the words "employee parking ". Carried 5 — 0. Councilmember Swenson, seconded by McComber, moved to approve the Resolution with amendments. Roll call vote taken. Carried 5 ----- 0. ... I I d, I d 1 d . git x ; ii k t t i l l V Oti .r.i 1 r y 3i 2 l .2 a V B • III t F 01.11.V 1118.5 N i . [o HOU.030V 1 NOI.LWAONNar 1 1 1 I I 1 I I I u ip [] x , c 6 0 s V Sral 111 4141:61 1 1/1; e la , 1 .; 1 - . 1,1.g 1 IA , i% :_l si 1 131:1 I_ tzi 1 gi ell I.i i 1 IA I • .A L .1 '2 LI ( 12 f r'l l 1:, 1 1 VI!! l! .01 1 , i iili 1 ..i itt .,s.: .:, .):17 iE .O .,;` ix' .2 1 il .4 g r i ll A A .11 .2 .2 ,t r/ _,. 71 A A A A A A A . *-4--- \ 4 C4 ‘ ..n 1 ;, \ ‘ \ \ i. '4 .4 , *14 \ . \ 1 \ ‘ .-: .n. .1 4 \42 \ \ A l ir'E -- . .\ X i -, 1 g t..... fi. qi 51 .2A a \. ,u .7, )- \ A \A \A \ A . , N,i \ \ 1 ' A A \ \ A..9 1 , ;:. 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If •the CUP and variance is denied, the applicant will be required to retrofit all of the fixtures and the photometric of the site as soon as possible to be compliant with the Ordinance and previous approvals. pc: Kris Danielson Mark Vierling Stillwater Ford Lighting Variance Planning Report Page 4 ANALYSIS • Fixture Setback,. Section 401.15.B 7. Outdoor Lighting indicates that "the light source of an outdoor light fixture shall be setback a minimum of ten (10) feet from a street right - of -way and five (6) feet from an interior side or rear lot line ". Fixtures on Neal Avenue have been found not to be compliant With this requirement. The approved conditional use permit includes a condition "that all outdoor lighting alon g the site perimeter is located not less than ten (10) feet from the street right --of -way or five (5) feet from an internal or rear lot line." An amended conditional use permit is required to vary from the approval conditions and a variance is necessa ry va ry to' from the ordinance standards. The applicant shall be required to provide a plan indicating the location of the non- compliant fixtures. Fixture Height. Section 401.15.B.7. Outdoor Lighting requires that "the maximum height above the ground grade permitted for light sources mounted on a pole is twenty- five ( feet" A number of fixtures existing on the site do not meet the requirement in that the light source and fixture is over 25 feet in height. The approved conditional use permit includes a condition that "ail outdoor lighting poles must be reduced to twenty - five (25) feet in height" The amended conditional use permit is required to vary from the approved conditions and the variance from ordinance standards. The plan should indicate the location of those fixtures that exceed the approved height. Photometric. The plans as attached include the photometrics of the existing site as • well as plans reflecting changes . to the lighting to decrease the intensity .of lights. Section 401.15.B.7. Outdoor lighting requires the following: d. Intensity. No light source or combination thereof which cast light on a public street shall exceed one (1) foot candle meter reading as measured from the centerline of said street nor shall any light source or combination thereof which cast light on adjacent property exceed four - tenths (0.4) foot candles as measured at the property line, per the method outlined in Section 401.15.6.7.e. The revised plan (Exhibit 3) is consistent with the requirements for photometrics at the centerline of Neal Avenue. The plan will need to be revised so that the maximum intensity of .04 foot candles is maintained at the east and south property lines. Variance Review. Zoning ordinance Section 401.04.A.5 states that a variance from the terms of the ordinance shall not be granted unless it can be demonstrated that: 1. Undue hardship will resultif the variance is denied due to the existence of special conditions and circumstances which are peculiar to the ' land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. Stillwater Ford Lighting Variance Planning Report Page 2 • r Bo Lomlard Variauae Rernxest. C'_ L.CroixM Cit CoundlMintrtes 4L2399Pae 4 City Planner Iickards reported fiat the Planning Coisioirno1 voted. to deny the regtiest due to the fact that tb.ere was not a.liaxasliiiestailislZed. in that`this addition could be done elsewhere on the property -that. woull not' xequiie .a valiance.. : Joel and Carol, Lombard addressed. Couiicil anti. expressed. their' c7.eaire to have &&ir variance request granted. . „... Councilmena}e Turnquist, seconded. by i3eaudet, mavectto approve R -II -43 A. Resolution Determining Finciing of fact and Denying Request for Variance. as Submitted by Joel and Carol Loxubard at 552,E Oakgreen Place Noth, Cii of Oak Park°Heigb.ts. Roll call vote was taken. Carried 5 — O. • C bnnciImew b er � � �e . . Beaudet quested Council solution: iu O approve. a: �� arty � �ie �o�re� St C roix Management Plan. Mayor Schaaf requested copies of. the lau be r��� • 1.. Council' • so that the could review it Council. meeting in Januar 2000.. Carried 6 — O. • • • Coun.cil-m,ember secortded b Swenson., .. .•9 ' i wr .�a•v a• �:', '. • . .L :.�tr 7 =}M1r•' }��j?i,'��lL~ ,. .to ±he &rs± r.= • • VII. old Business: A. Discussion of Km Permit — Dean Cros�� Deanne Cxosljy addressed Coujacij. requesting that b.er Kennel permit be reconsidered and granted. • • counciI stated they would stick to their original position deiiying the Kennel Perrnzt because Ms. Crosb had violated conditions of her permit. B. Stillwater fiord Aended Conclitianal Use Permit. c ouucilmenLber Tumquist, seconded by Swenson, moved to approve ±..6 Plannx.ng Conmissi.on recommendations with conditions as outlined in the October 14, 1999 ana November 19, 1999 planning epors granting the Amended Chil Use Permit MOtiO]l carried 5 -- 0. i • applicant shall receive and retain any. licenses.. or permits.rquired by Washington County and the Minnesota Pollution Control Agency: . .. omments.:of the • Ci • Council.. Plannin . . : •ty Planning :Commission and �� s �, • ; .. - • • ..- . . • I The. applicant �shaI .•be• encouraged, bu not:•re • uired, - to. diem the j rkjng: tot llghts at night when the dealership is not o en. • 7. The conditions for - approval of the CUP for expansion of the automotive dealership approved by the City Council. onr.Qctober 26, 1999 shall apply td '- the CUP for major auto repair. • r• • • • .• • pc: Kris Danielson • ' 1 ,•°4 • . • • • I .' • • � •y• ra j • •r • 1 . r •. r i s •y;r i. .r•� a. # - " .' • • w• + • • • s , y1 •t � �` . } 'IS� � .� i ll, IH• •fi • ` {. .� v � r , 3• , }e r ' ;� •+ wry . • • ' 1 1 • . • MEMORANDUM 1. 4 7RTHWST ASSOC TO: Tom Melena FROM: •'. ScnttRichards DATE: November 19, 1999 RE: Oak Park Heights - Stillwater Ford CUP FILE NU: • .:798:02 - 99.17 5 77 5 WAYZATA BOULEVARD, SUITE 555 1 � i S � CONSULTANttS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH Please be advised that the Planning commission, at their November 18, 1999 meeting, voted unanimously to recommend .the CUP to allow for the expansion of the p major auto repair use for Stillwater Ford. As you are aware,, the . City Council .approved rov m . w � tY pp ed the .B toning amendment, site ...plan' ' and • CUP for the building expansion, but . � p � ceded. a . Planning Commission recommendation to. act are the request for the major repair � r auto repair use. No one was present from Stillwater Ford nor did members of the public speak at the hearing. The planning Commission reviewed the request and made their recommendation based upon the conditions found in the October 14, 1999 planning report. The recommended conditions for approval of the requested CUP. are as follows. Planning Commission changes have been highlighted. All automobile repair activities shall be conducted within the ri c° structure n.�dpa! ,�tructure and ail exterior service access doors shall be kept closed at all 'times, rues, except for moving vehicles in and out of the service area. 2. There shall be no exterior storage of automobile parts, parts p p cars, or related items on the site, Alt storage shall be • internal to the buliding.All cars to be stored outside of the building shall be visibly intact. 3, Ali • noise. created from operations on the site shall be in conformance with Section 401,15.B.11 of the Zoning Ordinance. ST. LOUIS PARK. MINNESOTA' 5 5.4 1 6 PHONE 5 1 2- • 595 -9535 FAX .5 1 2 595 -9837 E -MAIL, NAC W!NTERNE T . 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SI EXHIBIT G COMP.PI AN CE'IZTIFICAT of SURVEY SURVEY FOR OSCAR KERN 9038 MORNING GLORY CIRCLE PARADISE VALLEY, AZ. 85253 "iv n -. N oRW , S T £3,4NX O, 5 T,L G w, 7 Z o a o NL '- u•Ps errr 4V' 4:4/ ad r'r• ��I�. ► r ...... 8z. .) L_ -i ay_ - YJASh�nr��ar+ L;ota r, 1 `i ri a4 ,YIa COP 5Cc 4., 29,/, 1'V •.., --.. �Z.. •-22 99.to•• 1 s 1 J� 1 1 ' r� tri T S'c 34'Se: T. H. 36 N tl.-24"- 301f k.a. TH. tn SC 0 0 N ORIENTATION OF THIS BEARING SYSTEM Is THE WASHINGTON COUNTY COORDINATE SYSTEM, SOUTH ZONE. , 0.-- DENOTES 1/2 INCH IRON PIPE MONUMENT SET AND MARKED WITH A PLASTIC CAP INSCRIBED "R.L.S. 9232 ", UNLESS OTHERWISE SHOWN. DISTANCES SHOWN TO FEET 110. 30, ETC,f ARE EXACT EXTRINSIC VALUES. � i •1 • 1 �r try �,• (- � 1 �J �� v — 350.20 �. '•'- t/0,- /h 1, K n C'�f .1 ".0 for I 350.0❑ PARCEL A TOTAL. AREA R/vw rr i n ; rr� r ,t 5 � �^'' ►'rJwrrrS C Y •• . • DENOTES STEEL FENCE POST IW 1TNESS P0S T) SEE ATTACHED SHEET FOR LEGAL DESCRIPTION LAND SURVEYING „ � 1'L ,rNri H/9 t Corti Si REF STILLWATER, MN. 55082 , .M41833 I HEREBY CERT1 Y THAT THIS DRAWING IS A CORRECT FlEr rlESEN rA ilo OF THIS SURVEY AND ALL MONUMENTS HAVE BEEN PLAt-,EO 1t1 THE GROUND AS SHOWN, THIS 5WIVEY OR PLAN WAS Pfl PAH1:❑ By ME OR UNDEF1 MY DIRECT SUPERVISION AND I AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OIL THE STATE OF MINNESOTA, SF1UCE A. FOLL MINN. REG. H'v' 9732 DATE r� -2•r:- ..4 Al Sc G. tr,, 9 m' Ft' 10 W �•--.. RJw Y 5 as a G�t~S ° CSI 0 - 350. -. V89 aa s-rf 5 " 4 , • - ° her r1 1 Inr. - tied ad 5 ;1a " 5c k T ' 't'r r' /,4 80/ 2 ,c c e of 4h, A/Z , -- /Yt f fr ice I nr.r1' Im Ir_ Jvv l \ JGk ,.P • .{ ci fi rZr7�. • 3Ar.y. rD ti \ r F 1 C_r L l \ � V 0 0 S � 90 O O CO rq i\ M SCALE i)rxitr 100 fret Sa Mc) _'7 r 1 W SAinj> Cat. n $ C Set 5, 589'34;32"g -- 2455.6.7 N 1 EXHIBIT C - EXISTING STILLWATER FORDS11 • rn :TTY CAN. , . SEC. 6, - -- I84O.93 SOUTH LINE OF THE SE 1/4 (, `1 •,‘ ■ (52‘ ; N A N r/ /‚— //(/ / . .A. 3o/ CENTER LINE Or (L0 CONCRETF PAVEMENT 41,.InDOT RIWCFNTERLINEI 12 I ti 1 \- 'I{ ?TH LINT OF fHE SWV "F1 496.00 FEF. OF `rIF �•. 111 ? + 1.1 , s ri - 11•\ I 1.W. •.=111,'1 . ,.. , . • _ - 1B3.37- .T _350.20_ •+ NORTH LINE OF THE RE 1/4 ' , ' sa' WASHWGTOH COUHt.Y --TRACT , A ti . BRASS PLUG AT THE EC. E 5 C R 1 a E p S ', 13 OF 1 r a �� � • NE CDR, SEC. 6, � / OEE©S PAGE 259 .� ;; T?98 R2OW :„....... dt_ N � .' ' 508.54 .,• �� D\a �ti � • S 8 9 ` 4 6"W .►�� T C ! '� h a - . A 6-5 � �b _L.21'"?-1 ; VIN, cp.) `IC3 S . 5 ._ • 3'.50.00 n 1 5 . 514't ' 'rc�a° r - .' , s LY Raw T . H. 3+x ;° ' • ` g INED MOUMENTD o nw' CO 'Z' • • • 4"' I.( � ° °° PARCEL. B n 4 z )-5C0 o a � ► 7 � ti ' �.' " ► °' [TOTAL AREA- 11.84 Ac.t n1D N �W +� k y D \' ' �, ti� Adirc P:4 Tr !73 EXCLUDING R/W = 8.I5 Act z : N ' ww �E .0,. I k c3 v•+P `LINE .,rnrnanE.. IN f 4 ,% / ,(Z 4, 800K 297 OF DEEDS, tri ai rn � ti py N {(r 1 TRAN 1 �. y TOwE■'fS I PJ3.4M- . ; 1 1719,86 • h / ...,,,, ce.. Q. ./ 4 . G ,,,,c1,:imci /1 7 a, . 2342 42 - - -- N 68' 2 "E 0 sic 2246.58 -. ••- ...2649.30 -- v � `' ���F Sub-area of Power Line f 6 �4q f Easement - 4.3,5 Ac.$ PARCEL C - 1 RESIDUE TOTAL AREA = 55.99 Ac. RESIDUE AREA EXCLUDING RIW = 53.2OAc. • i J1. s; 1 1 I r + 9fl° 1033.31 --- 589 ° 34'56 'W s I11J,' 1 1 1; • tII• SOUTH LINE OF THE NE I.1 SEC. 6 -- T. H. 36 S 89'54`55 - w --808.37 ..... - 3B.81 - NOR Ti 1ERN 5 TATC POWER CoM ;AN rRANS +MISSION L111E EASEMENT AS DESCRIBED IN 600K 297 OF DEEDS, PAGE 288 5O[JTH L1 +'J}" OF THE -^a' NORTH 801.66FEET F THE NE 1f4 REVISIONS OR ADDITIONS 7::7, 526.70•- w T„ - 350.20 -. 0 S89 ° 54 '56 "1Y WASHWGTON COUNTY C.LM. AT THE Et /4 COR. SEC. 6, 729N, R2OW !• ► ICI 0 0 ' 4 rn rr 0 A k. SEE �. .I • EXHIBIT B - SPE CIFIC