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Home My WebLink About2005-12-09 WC Recorded Document #1163038 - Amended CUPNOTICE OF CERTIFICATION STATE OF MINNESOTA ) I COUNTY OF WASHINGTON ss. CITY OF OAK PARK HEIGHTS 1.1 63068 Office of ,,L e Re of Titles Washin Count MN Cerfifled flied andlor recorded on: 2005112109 9:56:00 AM 1163068 Certif pi 's: 62000 4 � Cind Koasmann Re of Titles 1, the undersi bein dul q ualified and actin as Cit Administrator for the Cit of Oak Park Hei Minnesota DO HEREBY CERTIFY that I have compared the attached document: Amended Con&tional Use PemVt Fo.r a l- .1' Mores, Inc. with the ori thereof on file at the offices of the Cit of Oak Park Hei and t hat the saine is a ftffl, true and complete cop except referenced attachtnents, which can be viewed at the cit offices, of said docutnent within the files of the Cit of Oak Park Hei WITNESS m hand and the seal of the Cit of Oak Par�ei this 6th da of Ma 2005. Eric J ah o Cit A 'stratot iyWLk 14 4. e> 6) NOTICE OF CERTIFICATION STATE 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 I have compared the attached document: Amended Conditional Use Per - Vt For Wal --Matt Stores Inc. with the otiginal thereof on file at the offices of the City of oak Pack Heights, and that the same is a full, true and complete copy, except referenced attachments, which can be viewed at the city offices, of said document within the files of the City of oak Park Heights. WITNESS my hand and the seal of the C 1071 AMENDED CONDITIONAL USE PERMIT FOR WAL MART STORES, INC. File No.: Date Issued ® March 9, 2005 Legal Description,* Washington County Geo. Code 0529.20.12.0034 and 05.29.20.12.0033. Wal -Mart 2 " - Addition Formerly, Lot 3, Bloch 1, WA.L -MART ADDITION, according to the unrecorded plat thereof, files of the registrar of Titles, wastdngton County, Minnesota, except that pat of said Lot 3 lying west and north of the following described line: Commencing at the northwest corner of said Lot 3; thence on an assumed bearing of South 89 degrees 39 minutes 42 seconds East, along the north line of said Lot 3, a distance of 32.89 feet to the point of beginning; thence South 07 degrees 41 minutes 33 seconds west 48.66 feet; thence North 89 degrees 38 minutes 21 seconds West 26.68 feet to the intersection of the westerly line of said Lot 3, and said line there terminating. That part of Lot 2, Block 1, WAL -MART ADDITION according to the recorded plat thereof, files of the Registrar of Titles, Washington County, ltllilmesota, described- as follows: Commencing at the northeast comer of said Lot 2, thence on an assumed bearing South 01 degree 52 minutes 03 seconds East, along the east line of said Lot 2, a distance of 18.48 feet to the point of beginning; thence North 89 degrees 38 minutes 22 seconds west 70.05 feet; thence South 01. degree 52 minutes 03 seconds East 50.00 feet; thence North 88 degrees 07 minutes 57 seconds East 25.00 feet; thence South 01 degree 52 minutes 03 seconds East 150.00 feet; thence South 24 degrees 35 minutes 55 seconds west 78.40 feet to a point on the south line of said Lot 2 distant 80.00 feet west of the southeast corner of said Lot 2; thence easterly along said line 80.00 feet to the southeast comer of said Lot 2; thence northerly along the east line of said Lot 2, a distance of 270.54 feet to the point of beginning. AND 1 Lot 4, Block 1, wAL- MART ADDITION AND OUTLOT A, HAA S E ADDITION Owner: Wal-Mart Real Estate Business Trust, a Delaware statutory trust Address: SWDC - 702 S.W. 8TH ST Bentonville, Arkansas 72712 Site Address: 5815 Norell Ave No. Oak Park Heights, MN 55082 Present Zoning District: B -2 Permitted itses set forth Mn Ordinance 401 Section 30 E I. CONDITION.,kL USE PERMIT Fob: Outdoor sales and Storage 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. Wal-Mart Stores, Inc. has sought an amendment to their conditional use permit to permit to allow open and outdoor sales and outdoor storage (includes seasonal garden center, temporary semi and shipping container storage, and remote drive - through pharmacy) The following conditions were imposed as part of the permit granted. 1) The final plat and all required easements shall be subject to review and approval of the City Engineer and City Attorney. 7) All access to Norell Avenue shall be subject to review and approval of the City Engineer. 3) There shall be no drive entrance to the applicant's land extending south from the cul-de-sac terminus of Novak Avenue Forth (as projected to be built as part of this project). Rather, the driveway access shall be extended due west from the cul-de-sac terminus of Novak Avenue North to the applicant's property. The applicant shall then extend sidewallclpathway east from the front of its store to the eastern boundary line in a manner approved by the City Planner. 4) A plan for a crosswalk on Norell Avenue and sidewalk access to the front of the Wal-Mart store 2 shall be provided by the applicant subject to review and approval of the City Engineer. 5) All parking shall comply with the minimum dimensional standards of the Zoning ordinance subject to review and approval of the City. 6) All lighting shall comply with the minimal standards of the Zoning ordinance for height, type of fixture, and foot candle levels. 7) The landscape plan is subject to review and approval of the City Arborist. 8) The applicant shall provide the proposed eight (8) foot wood fence and landscaping to fully screen the truck loading and outdoor storage area subject to review and approval of the City. 9) wheeled semi - trailers shall not be stored on -site. Exterior storage shall be limited to shipping containers within the designated area. as approved by the City. 10) The grading, drainage and erosion control plans are subject to review and approval by the City Engineer anal- applicable watershed district. 1 .) The utility plans are subject to review and approval of the City Engineer. 1 ",2) The front elevation sign that reads "We Sell For Less" be removed from the allowable signa.ge. The `Low Prices" sign shall be changed to read "Retal.l Center." The "Liquor" sign shall. not be red in color, but shall be a color consistent with the other wall sign.age. 13) No sigmage shall be allowed on the south building elevation other than directional and informational signage as allowed in the Zoning ordinance. 14) one freestanding monument sign shall be allowed on -site that shall be conforming with all provisions of the Zoning ordinance. The existing pylon sign shall be removed. 15) All trash/recycling activities shall be totally contained within the building or enclosures. There will be no outside dumpster storage. Trash and recycling material pickup shall be limited to the hours between 7:00 a.m. and 9:00 p.m. The City Council reserves the right of future review and modification to all trash, recycling and trash compactor issues. 1 6) The applicant shall provide adequate screening, subject to review and approval of the City, of all roof mechanical equipment. The roof equipment shall be painted to match the facade colors. 17) The planning Commission is favorable to the proposed building architecture, materials selection, and colors and the City Council hereby finds the design consistent with the City's Design Guidelines. 1 s) The area identified on the submitted site plan as "gas lease area" shall be deleted and replaced with grass and landscaping. An Amended Conditional Use permit with a revised site plan will 3 deed to be applied for and approved by the City Council before allowing any automotive fuel. station operations on the site. 19) All automobile repair activities shall be limited to within the principal structure and the doors to the service bays shall be Dept closed except when vehicles are being moved in or out of service areas . 20) There shall be no exterior storage of automobile parts, parlfed cars, or related items on the site, but used batteries may be stored as per MP CA guidelines in an outside enclosure as shown on the site plans. All other storage shall be internal to the building. Any cars to be stored outside of the building shall be in full work - ing order and properly licensed. 21) All noise created from automotive repair operations on the site shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. No outdoor speaker systems for the automotive repair operation shall be allowed. 22) The applicant shall receive and retain, if required, a Hazardous waste Generators License for batteries, oil and tires from Washington County for the Tire and Lub e Express. 23) The Tire and Lube Express operation may not accept new customers for service between the hours of 10: 00 p.m. and d . 00 a.m. 24) The applicant shall provide battery and oil recycling programs as part of the Tire and Lube Express for small volume generators. 25) A condition of this approval is that the .Applicant enter into a Development Agr eement as prepared by the City Attorney and approved by the City .Administrator containing provisions including, but not limited to, the construction and placement of financial security for site improvements, payment of city connection and parr dedication fees, placement of .financial security and requirements for extension and construction of City utilities for the site and related water sanitary sewer and storm sewer improvements. 2. Except as otherwise provided and amended herein, the terms and provisions of the existing Conditional Use Permit for Wal -Mart Stores, Inc. recorded as document # 1015719 and the Terms and Conditions of Subdivision recorded as document # 1.021637 in the office of the Washington County Recorder shall remain in full force and effect. 3. Permit Expiration. This permit shall terminate if not implemented on site on or before September 9, 2 p 006. Implementation shall be evidenced by the issuance by the City of a Building Permit for this project and commencement of site w arp as described under paragraph 3 page 5 of the Developer's .Agreement. II. ADDITIONAL RESTRICTIONS AND PROVISIONS. w� The followin additional restrictions and provisions bein part of the Conditional Use Pen-nit to be issued herein affectin the followin matters shall be 111. Reference Attachment: Site Plan dated Januar 12, 2005, Wal-Mart Expansion Store 1861-01, prepared b MFRA.(Attached for illustrative purposes onl Dat( Date: IN WITNESS WHEREOF, the parties have set forth their hands and seals. Date: #3111190\2 Eric Jo Cit Aoinistrator WAL-MART A ESTATE BUSINESS TRUST, A DELAWARE UTORY TRUST A B Its `,7 1 r2eamr LjQ1iY %.#11CA1111"&1LA19 Assistant Vice President ■ r Team 5 Now EWA CUR ZE WWI Hill. Aft � @ '| ma 0 W - ]E - RU- WAL* MART ION STORE #1861-01 cl 4D co ma 0 W - ]E - RU- WAL* MART ION STORE #1861-01