HomeMy WebLinkAbout06-12-2008 Planning Commission Meeting PacketVI. Public Hearings:
VII. New Business:
VIII. Old Business:
IX. Informational:
X. Adjournment.
CITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING AGENDA
Thursday, June 12, 2008
7:00 p.m. — City Hall Council Chambers
I. Call to Order:
11. Agenda Approval:
111. Approve Minutes of May 8, 2008: (1)
IV. Department / Commission Liaison / Other Reports:
V. Visitors /Public Comment: This is an opportunity for the public to address the Commission
with questions or concerns regarding items not on the agenda.
Please limit comments to three minutes.
A. Jacob Holdings /Hecker Automotive Conditional Use Permit Amendment
— Seeking amendments to April 25, 2006 Amended Conditional Use
Permit conditions pertaining to automotive dealerships located at
14702 and 14738 60 St. N. (2)
A. Upcoming Meetings:
July,10, 2008: 7:00 p.m. - Regular Planning Commission Meeting
(Council Chambers)
B. Council Representative: June — Chair Liljegren
July — Vice Chair Wasescha
r
Call to Order:
Agenda Approval:
CITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING MINUTES
Thursday, May 8, 2008
Chair Liljegren called the meeting to order at 7:00 p.m. Present: Commissioners LeRoux,
Powell, and Vice -Chair Wasescha; City Administrator Johnson, City Planner Richards and
Commission Liaison Abrahamson. Absent: Commissioner Runk.
Commissioner Powell, seconded by Vice -Chair Wasescha, moved to approve the agenda as
presented. Carried 4 — 0.
Approve Minutes of April 10, 2008:
Commissioner LeRoux, seconded by Commissioner Powell, moved to approve the Minutes as
presented. Carried 4 — 0.
Department /Commission Liaison & Other Reports:
Commission Liaison Abrahamson made note that the City's Spring Clean -up event was being
held Saturday at the SW corner of Anderson Corporations parking lot in Oak Park Heights from
7:30 a.m. to 1:00 p.m. and also that the City Council will be having a work session at 6:30 p.m.
on May 13 with the City Auditors to review the 2007 Financial Audit Report.
Visitors /Public Comment: None.
Public Hearings:
Chair Liljegren reconvened the Commission discussion of the continued public hearing.
ENCLOSURE 1
A. Continued: Anchobaypro /Oakgreen Village Phase 1, Planned Unit Development
Amendment and Phase 2, Concept and General Plan Approval, Preliminary and Final
Plat
City Planner Richards noted that the Planning Commission requested additional architectural
detail at the April 10, 2008 public hearing and continued the discussion of the hearing to allow
the applicant to refine the design and building materials. Richards noted that staff was pleased
overall with the revised information and discussed concerns about the size of the dormers
shown on the plan, building materials planned for the structure, and as to the tot lot within the
private park area. Richards turned discussion back to the Planning Commission reminding them
of the proposed conditions outlined in the April 3, 2008 planning report.
Planning Commission Minutes
May 8, 2008
Page 2 of 8
Tim Nolde — Anchobaypro, Inc., addressed the Commission and responded to the materials
planned for use and indicated that they had not yet selected colors but would be happy to
have them reviewed by City staff for approval. Mr. Nolde also responded to questions relative
the elevations of the site, dormer size, gable design, and tot lot placement at the private park
area.
Commissioner Powell, seconded by Chair Liljegren, moved to close discussion to the public
hearing. Carried 4 -0.
Discussion ensued as to conditions recommended within the April 3, 2008 planning report with
amendments suggested to the same.
Commissioner Powell, seconded by Chair Liljegren, moved to recommend City Council
approval, subject to the April 3, 2008 planning report conditions, amended as follows:
1. The preliminary /final plat for Oakgreen Village 2 Addition and Oakgreen Village 3rd
Addition is subject to review and approval by the City Engineer and the City
Attorney.
2. All easements, as required by the City Engineer and the City Attorney, shall be
dedicated to the City as part of the subdivision approvals.
3. Sidewalks /trails and timing for construction are subject to review and approval by
the Parks Commission, City Council, and City Engineer. The sidewalk adjacent to the
wetland shall be constructed simultaneously with the street extension and the
three -unit structure. The trail and crosswalk at 58 St. and Oakgreen Ave. shall cross
58 St. to the south.
4. The plans for the private park are subject to City staff and City Council review and
approval. The plans for the park shall be approved and construction begun
simultaneously with construction of the three unit structure within Block 1 of
Oakgreen Village 2 Addition.
5. The tree preservation and landscape plans are subject to review and approval of the
City Arborist.
6. Grading, drainage, erosion control and utility plans are subject to review and
approval by the City Engineer. Stormwater issues are also subject to review and
approval by the applicable watershed authority.
7. The dwelling at 5672 Oakgreen Ave. shall be removed no later than September 1,
2008.
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Planning Commission Minutes
May 8, 2008
Page 3 of 8
8. Prior to the issuance of any grading permit, all existing wells and septic systems
must be identified and abandoned in conformance with Minnesota Rules.
9. The site plan does not include light fixtures on buildings. If lights are proposed on
the buildings, they must be illustrated on the building plans, details submitted, and
the photometric plan must be revised to include them, subject to City staff review
and approval.
10. The Planning Commission was favorable to the building design with the stipulations
that the dormers on the front elevation be increased in size, shake siding be used on
the gables of the rear elevations, and the gable ends at the rear elevations be
provided with a vertical element to the foundation. The City Council should review
and approve the final design and materials, including material colors for the
townhome structures.
11. The Fire Marshall and the Police Chief should review the plans and determine the
accessibility of emergency vehicles throughout the development.
12. The applicant shall supply the homeowner's association documents as required by
the City Attorney for review and approval.
13. The applicant shall provide all association duties and maintenance until the
completion of Phase 2. The homeowner's association shall be organized with a
funded reserve provided by the developer. The details of the reserve amount shall
be outlined in the development agreement. Only one homeowner's association for
both Phase 1 and Phase 2 will be allowed.
14. The applicant shall be required to disclose the entire development plans to include
Phase 2 for all Phase 1 buyers. Disclosure is also required for modification of all
buyers within the development that the roadway and wetlands are to be private
and will not be accepted as public in the future by the City.
15. The applicant is required to enter into an amended development agreement with
the City in a form acceptable to the City, and subject to review and approval of the
City Attorney.
Carried 4 — 0.
B. V.S.S.A. /Presbyterian Homes — Boutwell's Landing: Planned Unit Development:
General Plan Review, Preliminary and Final Plat, and Design Standards Review —
McKean Square Historic Village and 58 Street Tunnel and Parking.
Planning Commission Minutes
May 8, 2008
Page4of8
City Planner Richards reviewed the April 30, 2008 planning report regarding the request for the
proposed McKean Square Historic Village and the 58 St. Tunnel and parking projects.
Richards provided an issue analysis, responded to Commission questions and recommended
several conditions should the Commission vote to recommend City Council approval.
Chair liljegren opened the public hearing and invited comment.
Allen Black of Sr. Housing Partners /Presbyterian Homes addressed questions as to tunnel and
historic village security and restroom access at the historic village area.
Todd Erickson of Folz, Freeman & Erikson addressed questions related to access, design and
maintenance of the proposed tunnel, along with the estimated construction timeline and
anticipated road closure requirements during construction.
Chair Liljegren, seconded by Vice Chair Wasescha, moved to close the public hearing. Carried 4
— 0.
Commission discussion ensued as to the conditions of the planning report.
Commissioner Powell, seconded by Vice Chair Wasescha, moved to recommend City Council
approval, subject to the April 30, 2008 planning report conditions, amended as follows:
1. The PUD general plan of development approvals shall be extended to June 1, 2010.
2. The preliminary/final plat shall be subject to review and approval of the City
Engineer and City Attorney. All easements as required by the City Engineer shall be
dedicated.
3. The City Engineer shall approve all driveway and crosswalk locations on 58 Street.
4. The City Engineer shall approve the drop off location proposed on Norwich Parkway.
5. Access from the sidewalks in the Historic Village shall be made to the parking lot to
the east, and to the trail to the west, and a trail /crosswalk connection be made to
the Autumn Hills Park subject to approval of the City Engineer.
6. The traffic control plan is subject to review and approval of the City Engineer.
7. The tree removal, tree replacement and landscape plans are subject to review and
approval of the City Arborist.
8. The grading and drainage plans shall be subject to review and approval of the City
Engineer, Middle St. Croix Watershed Management District and Brown's Creek
Watershed District
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Planning Commission Minutes
May 8, 2008
Page 5 of 8
9. The utility plans shall be subject to review and approval of the City Engineer.
10. All newly installed freestanding light fixtures shall include a conforming full cut off
lens. A detailed lighting plan for the building Tight fixtures shall be submitted for City
staff approval prior to installation. All new light fixtures shall comply with the
requirements of the Zoning Ordinance.
11. All signage installed on site shall comply with the requirements of the Zoning
Ordinance.
12. The Planning Commission was favorable and the City Council shall review and
approve the proposed building materials and architecture of the Historic Village and
elevator building for the tunnel.
13. As part of the PUD approvals, the Planning Commission recommends the City
Council approve a conditional use permit allowance for tower elements to not
exceed 55 feet in height.
14. The Police Chief and Fire Marshall should comment on any safety vehicle access
issues of the access points, driveways or of the general site plans.
15. A Development Agreement amendment, if require, shall be subject to review and
approval of the City Attorney.
16. A tunnel easement, to allow placement of a private access under the City right -of-
way, shall be executed with the applicant, subject to review and approval of the City
Engineer and the City Attorney.
17. The applicant shall provide a security plan for the tunnel, subject to review by City
staff.
18. The tunnel segments shall be on site prior to the closing of 58 St. and excavation of
the construction trench.
Carried 4 — 0.
C. Stephan Stagecoach Property, LLC: Conditional Use Permit for Outside Storage of
landscape and maintenance equipment and materials and Outdoor School Bus
Parking at 5280 — 5302 Stagecoach Trail, N.
City Planner Richards reviewed the April 30, 2008 planning report regarding the request for a
conditional use permit, allowing open and outdoor storage for Horticultural Services, Inc. and
outdoor school bus storage at the Stagecoach Trail property.
Planning Commission Minutes
May 8, 2008
Page 6 of 8
Richards provided an issue analysis, noting that staff recommended approval subject t the
conditions of the planning report, which he reviewed and discussed with the Commission for
their consideration should the Commission vote to recommend City Council approval.
Chair Liljegren opened the public hearing and invited comment.
Syd Stephan representing Stephan Stagecoach Properties LLC and Horticultural Services
introduced himself, Tony Wilter, ISD #834 Facilities Supervisor, John Whitcomb of Greystone
Commercial Group and Mickey Nelson, School Bus Route Coordinator.
Mr. Stephan addressed questions as to the site, fuel tank, hours of operation at the site and
commented on the conditions of the planning report.
Mickey Nelson discussed anticipated bus traffic, noting that the traffic should be fairly typical
day to day in its pattern of movement. She also noted that it is the central location of the site
that makes it desirable for fuel savings and quicker response time to assist bus in the event a
breakdown occurs.
Tony Wilter stated that fuel costs is a large driving factor driving the location selection as well
as the time saving in being better centralized to a larger number of schools being serviced.
City Administrator Johnson made note of the current and potential uses of the properties
directly adjacent to the subject site.
Chair Liljegren, seconded by Vice -Chair Wasescha moved to close the public hearing. Carried 4
— 0.
Vice Chair Wasescha, seconded by Commissioner LeRoux moved to recommend City Council
approval, subject to the conditions of the April 30, 2008 planning report, amended as follows:
1. The number of buses allowed on site at any one time shall not exceed 100.
2. Any plans for a covered shelter to the rear of 5302 Stagecoach Trail North shall be
approved by City staff.
3. All employees dispensing fuel shall receive training for proper fueling techniques
including emergency spill response procedures.
4. The applicant shall submit a notification for above ground storage tanks to the
MPCA once the tank has been installed.
5. The applicant shall submit a spill prevention and control counter - measure plan to
the EPA and to the City.
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Planning Commission Minutes
May 8, 2008
Page 7 of 8
6. The applicant shall receive and retain a hazardous waste generators license from
Washington County for the landscape business and bus operation.
7. The fuel tank shall be screened with a fence on the west, north and south sides with
a ten (10) foot cedar fence, as approved by the City.
8. The tree removal and replacement plan was favorable to the Planning Commission
and was subject to the approvals of the City Arborist and City Council.
9. All signage and lighting existing and proposed for the site shall be compliant with
the Zoning Ordinance.
10. Any changes to the grading and drainage patterns of the site shall be subject to the
review and approval of the City Engineer.
11. Block heaters and heater plugs shall be installed and utilized on all buses operated
out of the facility at 5280 and 5288 Stagecoach Trail before commencement of
operations. There shall be no excessive idling of buses on the site as determined by
the City.
12. Any operations plan shall be developed and enforced, subject to the review and
approval of City staff, requiring that all buses be backed into their respective parking
spaces at the end of the day's operation.
13. The plan for hours of operation as developed by the applicant was favorable to the
Planning Commission and is subject to approval of City staff and the City Council.
14. Annual review is hereby imposed as a condition of this permit. This permit shall be
reviewed on or about June 1 of each year and may be amended or altered at the
discretion of the City Council.
15. Any other conditions of the City Council or City staff.
Carried 4 — 0.
New Business: None.
Old Business: None.
Informational:
A. Upcoming Meetings:
B. Council Representative: May — Commissioner Powell
June — Chair Liljegren
Adjournment:
June 12, 2008 7:00 p.m. - Regular Planning Commission Meeting
(Council Chambers)
Commissioner Powell, seconded by Chair Liljegren, moved to adjourn the meeting at 8:21 p.m.
Carried 4 — 0.
Respectfully submitted,
Julie A. Hultman
Planning & Code Enforcement Officer
Approved by the Planning Commission:
Planning Commission Minutes
May 8, 2008
Page8of8
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BACKGROUND
Attached for reference:
Exhibit 1:
Exhibit 2:
Exhibit 3:
NORTHWEST ASSOCIATE
ENCLOSURE 2
D CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.25555 Facsimile: 763.231.2561 planners@nacplanning.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: June 5, 2008
RE: Oak Park Heights — Conditional Use Permit Amendment for
Dealership at 14702 and 14738 60 Street North
FILE NO: 798.02 — 08.03
Jacob Holdings of 60 Street LLC and Jacob Holdings of Osgood Avenue LLC has
made application for an amended conditional use permit relative to the conditions
placed on approvals for the auto sales lots at 14702 and 14738 60 Street North. The
request is to revise a number of conditions that were placed on the original conditional
use permit issued on December 9, 2003 and amended on April 25, 2006. The applicant
has asked for these amendments primarily to give additional time for plans to be
completed for the Ford dealership to be relocated within the Oak Park Station of Oak
Park Heights and for the site at Osgood and Highway 36 to be redeveloped.
The applicant has explained the reasons for the request and the specific conditions that
are proposed to be amended in an April 7, 2008 letter from Jean Schuldt. That letter is
found as Exhibit 1.
APPLICANT'S REQUEST
Letter from Jean Schuldt, April 7, 2008
Amended Conditional Use Permit, April 25, 2006
Letter from Minnesota Pollution Control Agency, November 8, 2007
As you are aware, last month Denny Hecker's Automotive Group moved the Ford
dealership from its location near Highways 5 and 36 to the site at Osgood and Highway
36 addressed as 14702 and 14738 60 Street North. The Cadillac Pontiac GMC
dealership was moved to the former Ford site. The April 25, 2006 conditional use
permit was based on the intent of the applicant to demolish the dealership at 14702 and
14735 60 Street North by December 31, 2008, move the Cadillac Pontiac GMC
dealership to the Oak Park Station site, and redevelop the Osgood and Highway 36 site.
It is now the intent of Denny Hecker's Automotive Group to retain the Cadillac Pontiac
GMC dealershi p at its current location and to temporarily operate the Osgood and
Highway 36 site as a Ford dealership. Ford has required Denny Hecker to build a new
dealership, which will be done at the Oak Park Station site by December 31, 2009. As a
result, the conditions of the April 25, 2006 conditional use permit will need to be
amended.
The applicant, in an April 7, 2008 letter from Jean Schuldt (Exhibit 1), updates the status
of each of the conditions and indicates what needs to be extended. The condition,
followed by the applicant's request, is as follows:
1. The City finds that the project is consistent with the conditional use permit criteria
found in Section 401.30.E of the Zoning Ordinance.
No comment.
2. The subject property at 14738 60 Street North be combined with the main
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dealership property at 14702 60 th Street North in compliance with Section 402,
the Subdivision Ordinance. The lot combination shall be completed within 30
days following he remediation and clean up of the lot at 14738 60 Street North
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from the contamination and certification by the MPCA on the clean up project
acknowledging closure on the project.
We have finall y closed with the sellers of the old Amoco site at 14 738 60th Street
North under a contract for deed which is due in full on June 30, 2008. Since fee
ownership to the Amoco site and the main dealership will not be the same until
the contract for deed is paid off, we request an extension until December 31,
2009 (to tie in with the overall extension date request).
3. No repair work or servicing of vehicles shall be allowed on the subject property at
14738 60 Street North.
No comment.
4. No signage shall be allowed on the subject property at 14738 60 Street North.
The existing signage on the canopy shall be removed within 30 days following
City Council approval of the conditional use permit.
Completed.
5. The applicant shall submit a revised site plan indicating a 10 foot driveway and
parking area setback, parking areas, vehicle display areas, and access drives
with concrete curb and gutter, subject to review and approval of the City
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• Engineer. The parking lot and required landscape improvements shall be
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completed no later than December 31, 2008.
Need an extension from December 31, 2008 to December 31, 2009.
6. The g rading and drainage plan shall be subject to review and approval of the City
Engineer.
Need an extension from December 31, 2008 to December 31, 2009.
7. The applicant shall keep open the driveway access to Osgood Avenue and the
Highway 36 frontage road.
Agreed.
8. A landscape plan shall be submitted by the applicant, subject to review and
approval of the City Arborist.
Need an extension from December 31, 2008 to December 31, 2009.
9. The applicant shall submit a revised lighting photometric plan with all site lighting
subject to review and approval by the City.
Need an extension from December 31, 2008 to December 31, 2009.
10. Light shields shall be installed on the under canopy lights by January 15, 2004.
Completed.
11. The applicant is requested, but not required, to replace the exterior broadcast
paging system with hand held paging systems. Upon replacement of the
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external a ing system, a hand held paging system shall be implemented at the
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main dealership property at 14702 60 th Street North and the subject property at
14738 60 Street North.
Agreed.
12. The site lan shall designate, and the applicant shall supply, a total of four off -
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street parking stalls for employees and customers, at least one of which must be
. . p g 60 disability accessible on the subject property at 14738 60 Street North.
Delete since the building at the Amoco site is used only for record storage.
13. The building shall be inspected by the Building Official to determine if a building
• permit is necessary for the completed improvements.
Completed.
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14. Written documentation of closure is provided by the MPCA related to the
contamination issues at 14738 60 Street North.
City has copy from MPCA.
15. Architectural lighting on the existing building at 14738 60 Street North shall be
dimmed at night to a level that is acceptable to the City.
Completed.
16. Forty -seven parking stalls shall be dedicated to customer and employee parking
and 16 stalls shall be dedicated for service at the main dealership property at
14702 60 Street North.
Delete any parking requirements for the Amoco site.
17. The applicant shall submit a revised site plan for the main dealership property at
14702 60 Street North indicating a 10 foot driveway and parking setback with
parking areas, vehicle display areas, and access drives constructed with
concrete curb and gutter and landscaping, subject to review and approval of the
City Engineer. The parking lot and required landscape improvements shall be
completed no later than December 31, 2008.
Need an extension from December 31, 2008 to December 31, 2009.
18. All signage at the main dealership property at 14702 60 Street North shall be
brought into conformance with the City's Sign Ordinance found in Section
401.15.G of the Oak Park Heights Zoning Ordinance no later than October 15,
2008.
Being completed.
19. All lightin , including fixtures and photometrics, at the main dealership property at
14702 60 Street North, shall be brought into conformance with the City's lighting
requirements found in Section 401.15.B.7 of the Oak Park Heights Zoning
Ordinance no later than December 31, 2008.
Need an extension from December 31, 2008 to December 31, 2009.
20. The applicant shall submit a development application by December 31, 2008 to
the City for a new dealership building and site improvements that includes the
properties at 14702 60 Street North and 14738 60 Street North. The applicant
shall be required to post a cash or letter of credit security satisfactory to City staff
with the development application for the total cost of the improvements to satisfy
the conditions of the conditional use permit granted for the subject property on
December 9, 2003.
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Need an extension from December 31, 2008 to December 31, 2009.
21. The applicant shall complete the conditions of the conditional use permit granted
for the subject property on December 9, 2003 no later than December 31, 2008.
Need an extension from December 31, 2008 to December 31, 2009.
22. If neither of the above stated conditions are complied with, the applicant shall
remove all of the vehicles from the property at 14738 60 Street North and cease
all car dealership operations at that site no later than December 31, 2008. .
Need an extension from December 31, 2008 to December 31, 2009.
CONCLUSION / RECOMMENDATION
Based upon the changes that the Denny Hecker Automotive Group is proposing with its
dealerships, it is reasonable to allow the extensions and revisions to the conditional use
permit. Staff would recommend the changes with three additional conditions:
1. A cash deposit or letter of credit in the amount of $50,000 be submitted to the
City and released when all of the conditions of this conditional use permit are
complied with.
2. The canopy structure at 14738 60 Street North be removed prior to September
1t, 2008.
3. All exterior storage of tires, dumpsters, storage containers, equipment, and the
wood garage structure shall be removed by August 1, 2008.
And the revised conditions from the April 25, 2006 conditional use permit as follows:
4. The City finds that the project is consistent with the conditional use permit criteria
found in Section 401.30.E of the Zoning Ordinance.
5. The subject property at 14738 60 Street North be combined with the main
dealership property at 14702 60 Street North in compliance with Section 402,
the Subdivision Ordinance no later than December 31, 2009.
6. No repair work or servicing of vehicles shall be allowed on the subject property at
14738 60 Street North.
7. No 1
si na a shall be allowed on the subject property at 14738 60 Street North.
g g
8. The applicant shall submit a revised site plan indicating a 10 foot driveway and
parking area setback, parking areas, vehicle display areas, and access drives
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with concrete curb and gutter, subject to review and approval of the City
Engineer. The parking lot and required landscape improvements shall be
completed no later than December 31, 2009.
9. The grading and drainage plan shall be submitted to the City and is subject to
review and approval of the City Engineer by December 31, 2009.
10. The applicant shall keep open the driveway access to Osgood Avenue and the
Highway 36 frontage road.
11. A landscape plan shall be submitted by the applicant, subject to review and
approval of the City Arborist by December 31, 2009.
12. The applicant shall submit a revised lighting photometric plan with all site Iighting
subject to review and approval by the City by December 31, 2009.
13. The applicant is requested, but not required, to replace the exterior broadcast
paging system with hand held paging systems. Upon replacement of the
external paging system, a hand held paging system shall be implemented at the
main dealership property at 14702 60 Street North and the subject property at
14738 60 Street North.
14. Architectural lighting on the existing building at 14738 60 Street North shall be
g g
dimmed at night to a level that is acceptable to the City.
15. Forty -seven parking stalls shall be dedicated to customer and employee parking
and 16 stalls shall be dedicated for service at the main dealership property at
14702 60 Street North.
16. The applicant shall submit a revised site plan for the main dealership property at
14702 60 Street North indicating a 10 foot driveway and parking setback with
parking areas, vehicle display areas, and access drives constructed with
concrete curb and gutter and landscaping, subject to review and approval of the
City Engineer. The parking lot and required landscape improvements shall be
completed no later than December 31, 2009.
17. All si na a at the main dealership property at 14702 60 Street North shall be
g g
brought into conformance with the City's Sign Ordinance found in Section
401.15.G of the Oak Park Heights Zoning Ordinance no later than October 15,
2008.
18. All lightin , including fixtures and photometrics, at the main dealership property at
14702 60 Street North, shall be brought into conformance with the City's lighting
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• requirements found in Section 401.15.B.7 of the Oak Park Heights Zoning
Ordinance no later than December 31, 2009.
19. The applicant shall submit a development application by December 31, 2009 to
the City for a new dealership building and site improvements that includes the
properties at 14702 60 Street North and 14738 60 Street North. The applicant
shall be required to post a cash or letter of credit security satisfactory to City staff
a
with the development application for the total cost of the improvements to satisfy
the conditions of the conditional use permit granted for the subject property on
June 24, 2008.
20. The applicant shall complete the conditions of the conditional use permit granted
for the subject property on June 24, 2008 no later than December 31, 2009.
21. If neither of the above stated conditions are complied with, the applicant shall
remove all of the vehicles from the property at 14738 60 Street North and cease
all car dealership operations at that site no later than December 31, 2008.
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April 7, 2008
Mr. Eric Johnson
City of Oak Park Heights
14168 Oak Park Blvd. N.
P.O. Box 2007
Oak Park Heights, MN 55082
Dear Eric:
DENNY HECKER'S
AUTOMOTIVE GROUP
I would like to outline what we believe the status of each condition.
14 4PP r
DENNY HECKER'S AUTOMOTIVE GROUP, INC.
500 FORD ROAD
MINNEAPOLIS, MINNESOTA 55426
952•512•8898
FAX 952•512•8945
800•426•6918
EXHIBIT
Per our meeting of last week in which we updated you and your staff on the status of the
existing Cadillac Pontiac GMC site and existing Ford site in which we were swapping
site, we need to request an extension of the existing Conditional Use Permit issued
December 9, 2003 and amended April 25, 2006 which is attached hereto based on the fact
that it was our intent to demolish the existing dealership at 14702 60 Street North by
December 31, 2008 and based on the current economic conditions we are going to
operate the existing site as a Ford dealership and by December 31, 2009 we are required
by Ford to build a new dealership which we are proposing at the Oak Park Station site.
1. no comment
2. We have finall y closed with the seller's of the old Amoco site at 14738 60
Street North under a contract for deed which is due in full on J 30, 2008.
Since fee ownership to the Amoco site and the main dealership will not be the
same until the contract for deed is paid off, we request an extension until
December 31, 2009 (to tie in with the overall extension date request).
3. no comment.
4. completed.
5. Need an extension from December 31, 2008 to December 31, 2009.
6. Need an extension from December 31, 2008 to December 31, 2009.
7. ok.
8. Need an extension from December 31, 2008 to December 31, 2009.
9. Need an extension from December 31, 2008 to December 31 2009.
10. completed.
11. ok.
12. delete since the building at the Amoco site is used only for record storage.
13. completed.
14. you have directly from MPCA.
15. completed.
16. delete any parking
17. Need an extension
18. being completed.
19. Need an extension
20. Need an extension
21. Need an extension
22. Need an extension
Please inform me if there is anything we need to submit for such a request.
erely,
huldt
ne No. 612 703 2706
ail: jgschu1dtdeimyhecker.COm
requirements for the Amoco site.
from December 31, 2008 to December
from December 31, 2008 to December
from December 31, 2008 to December
from December 31, 2008 to December
from December 31, 2008 to December
31, 2009.
31, 2009.
31, 2009.
31, 2009.
31, 2009.
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Planners File No. 798 -02 -03.12 & 06.01 Date Issued December 9„ 2 003
Amended April 25, 2006
Legal Description: See Fxba'bit A. (PIN#33.030.20.43.005
Site Address: 1 4738 60th St. North, Stillwater, MN 55082
Applicant: Jacob Holdings of Stillwater LLC
Address:
500 Ford Road
Minneapolis, MN 55426
Fee Owner: Erickson Post, Inc.
715 Florida Ave So/ STE
Minneapolis MN, 55402
CITY OF OAK PARK AF.IGIITS
AMENDED
VARIANCE AND
AMENDED CONDITIONAL USE PERMITS
FOR
Jacob Holdings of Stillwater LLC
Present Zoning District: B -2, General Business
Conditional uses set forth in ordinance 401 Section 401.30 E.
Related Variances and Conditional Use Peft Granted
Ankoco Oe..)
Certified to be a
true and correct copy
of the original.
1. c0NDrO AL USE PERMIT FOR Auto des lot, (COflversion:Van sales) accessory to principal . auto
sales lot and related automobile sales and service business
11. PRINCIPAL BUSHES AND RELATED PROPERTIES:
Main D ip -14702 60th St_ Nom Stillwater, MN 55082 (PIN# 33.030.20.43.0042)
Additional Lot -offsite ping and open and outdoor storage (PIN#3303020.43.0038)
1. Amended Variance and Conditional Use Permits for Routson Motors issued October 23, 2001 and
amended January 22, 2002. --
i
III. ADDITIONAL RESTRICTIONS AND PROVISIONS.
' ' al Use Permit upon the subject of a Conditional po ect site is subject to the following conditions: J
1. The City
finds that the project . is consistent with the conditional use permit criteria found in Section
401.30.E of the Zoning Ordinance. Wo C o in,,t a u t
2. 14702
2. The subject property at 14138 60 th Street North be combined with the main dealership prop
J p p in ... Ordinance. The lot combination shall
60 Street North in compliance with Section 402, the Subdivision OrdinanGe.
be completed within 30 days g followin the renxediation and cleanup of the lot at 14738 60th Street North
from the contnmination and certification by the MPCA on the cleanup project acknowledging closure on
the project. e.*( 'd +o t lo �t
3. No repair work or servicing vehicles shall be allowed on the subject property at 14738 60 Street
�cing of v
North. o k.
•
No signage shall be allowed on the subject property at 14738 60 Street North. The existing signage on
4. gnag
the canopy shall be removed within 30 days follow y ing . Council approval of the conditional �nal use
permit. QoneeItfc
5. The applicant shall submit a revised site plan indicating a 10 foot driveway and parking area setback,
pig
areas, vehicle display areas, and access drives with concrete curb and gutter, subject to review
and approval of the City Engineer. The parking lot and required landscape improvenstents shall be
completed no later tban December 31, 2008. e4 ei4c( o /-‘,11/0
c
t_
6. The and plan s� be subject to review and approval of the City Engineer. c1c ,d 4-0
gig P /,-.13,439
7. The applicant shall keep open the driveway access to Osgood .Avenue and the Highway 36 frostage road. e
8. A landscape plan shail be submitted by the applicant, subject to review and approval of the City
Arborist. � x.GcNer 4. /2.(3( t q
9. The applicant shall submit a revised lighting photometric plan vaith all site lighting subject to review and
approval by the City. ex 4e.aic+ -4- o I a.(3( (o q
10. Light shields shall be installed on the under canopy lights by January 15, 2004. eo f e,k.,e,
11. The applicant is requested, but not required, to replace the exterior broadcast paging system with hand
held paging systems. Upon replacement of the external pagin� system, a hand held paging system shall
be implemented at the main dealership property at 14702 60 Street North and the subject property at
14738 60 Street North. o k.
12. The site plan .shall designate, and the applicant shall supply, a total of four off- street parking stalls for
•
-.:410 L'1 1" 1' • $. i 1
employees and customers , at least one of which must be disability accessible on the subject property at
• 1473 8 60 Street North. deke e. 1d.:11 re cof
13. The building shall be � P by Building ns
' ected b the Buildin Official to determine if a building permit is necessary for
the completed improvements. c o me
14. Written documentation provided by on of closure is rovided b the MPCA related to the contamination issues at 14738
6O Street North. dooJ
15. Architectural lighting existing building 'n on the existin buildin at 14738 60 Street North shall be dimmed at night to a
level that is acceptable to the City. d o, i �..
kin stalls shall be dedicated to customer and employee Forty-seven parking mployee parking and 16 stalls shall be
service at the main dealership property at 14702 60 Street North. ���••r• l.�.� Y . 1
dedicated for serve p P P
. for customer . arksn � at th - ;' - ' = • s : eet North. One vehicle sha be
be dedicated
t „ ^ a c. AL.dr.d. y
site plan for the main dealership property at 14702 60 Street North
17. The applicant shall submit a revised sr p P
indicating at 10 foot driveway parking setback with parking areas, vehicle display areas, and access
vewa Y and P g
drives constructed with concrete curb and gutter and landscaping, subject to review and approval of the
City Engineer. parking .
eer. The arkin lot and uired landscape improvements shall be completed no later than
re q
December 31, 2008. gekteAt ( 4-6 /al 3 ' /o
018. All dealership property si a at the main dealershi at 14702 60 Street North shall be brought into conformance
ro P
with the City's Si gn Ordinance found in Section 401.15.G of the Oak Park Heights Zoning Ordinance no
later than October 15, 2008. be ;Ai l Q 0 it ick.4
All lighting, including s and cs, at the at 14702 60th Viet
19. gh g, g. photo metric's,
o shall be brought into conformance with the City's li fib in Section
N rth, gh
die oak Park Hei is Zonin Ordinance n l ater than ber 31, 2008. e. Ahsc( l2.13 /
401.15.B.7 Of g ,
20. The applicant shall submit a development application by December 31, 2008 to the City for a new
dealership building improvements ' and site ' rovements that includes the properties at 14702 60th Street North and
.
14738 60 Street North. The applicant shall be required to post a Cash or Letter of Credit security
• for total cost of t l
satisfactory. to-the staff
satisfy the conditions of the conditional use granted for the subject on December 9„
2003. el 4-o l4bIoS .
21. The applicant shall complete � conditions t co permit' subject
Pp
on December 9, 2003 no. later than December 31, 200a. eg --c.*Jd o /215,/0 5
stated conditions are complied with, the 22. If new of the above sta p � applicant shall remove all of the vehicles
from the Pe�Y ro at 14738 60 Street North and cease all car dealership operations at that .site no later
P
than December 31, 2008. ,Ee -too /x /3//e)
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
CI OF OAK P
r
0
Date: B y .._.
audet, Mayor
Date: .4-00
Date: • a'
By
c Johnson
City Administrator
GHTS
Jacob Holdings of Stillwater LLC
Ties: dctA,l-
EXHIBIT A
LEGAL DESCRIPTION- (former Service Station Site)
all that part of Vacated Willini St, adjacent to said Blocks, of
All that part of Blocks 5 and 8 and p .
• file and of record in the Office of the Register of Deeds in and for
the Plat of Summit Park, as the same is on f� , . intersection of
more particularly described as follows, to -wit: Commencing at the intersectio
Washington Co,, Minnesota, P' Y th Plat of Suxnarnit Park,
Vacated M on St. with the westerly line of Soutll 4 Street of the
the centerline of the Yr
• � along said westerly life of South 4 Street on. an assumed bearing
Washington County, Minnesota, thence South a1 .• g s • Y a . o +,
�+ beginning of this description: thence N89 .54 57 W, parallel with
of S'0 15' 20 E for 213.30 feet to the point of b g� g P
said SO°15'20"E, el with said westerly line of South 4� St.
said centerline of Myron St. for 181.00 feet, thence SO 15 20 E, pa all _ Y a
its new proposed right-of-way of Minn.. Hwy. 212; thence N5 904 3 6 E
for 160.46 feet to its �uatersect�on with the ne p p gh
along said new proposed right-of way of Minn. Hwy. 212 for 82.55 feet; thence N72° 21'15"E along said new
• 26 feet to said westerly line of South 4� St.; thence
proposed right-of-way of Minn- Hwy. 212 for 115. g westerly NO°15'20"W ..
along said westerl line of South 4 St. f°r 82.83 feet to the point of beginning.
Containing 0.50 Acres, more or less.
Subject to an easement for in and egress over and across the West Twelve (12) feet of the
gr ess a �'
feet of the Southerly One Hundred Sixty a F -six Hundredths
asterly One Hundred Eighty-one (181) Y
(160.46) feet of Blocks Five (5) (8) ive and Ei t of Summit Park to the Westerly driveway located *on the
South
line to the frontage road of Hwy. 21213 .2
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
Y 14)6
NOTICE OF CERTIFICATION
Amended Variance and Amended Conditional Use Permits
For
Jacob Holdings of Stillwater, LLC
(NAC File No's. 798.-2-03.12 and 06.01)
11
1
1
11
3591699
1
1
1
1
1
1
11
1
Office of the
County Recorder
Washington County, MN
Certified filed and/or recorded on:
2006/06/21 12:11:00 PM
3591699
1
1
Cindy Koosmenn
County Recorder
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:
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, 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 City of Oak ' . . .`igl s this 1 st`day of June, 2006.
EXHIBIT 2'
1
Address: 500 Ford Road
Minneapolis, MN 55426
Fee Owner:
Erickson Post, Inc.
715 Florida Ave So/ STE
Minneapolis MN, 55402
CITY OF OAK PARK HEIGHTS
AMENDED
VARIANCE AND
AMENDED CONDITIONAL USE PERMITS
FOR
Jacob Holdings of Stilhvater LLC
Planners File No. 798 -02 -03.12 & 066.01 Date Issued December 9,,. 2003 .
Amended April 25, 2006
Legal Descriptio .: .fee Exhibit A. (PIN#33.030.20.43.0057)
Site Address 14738 60th St. North, Stillwater, MN 55082
Applicant: Jacob' Holdings of Stillwater LLC
Present Zoning District: 13-2, General Business
Conditional uses set forth in Ordinance. 401 Section 401.30 E.
1. CONDITIONAL USE PERmrr FOR: Auto sales lot, (Conversion Van sales) accessory to principal auto
sales lot and related automobile sales and service business
II. PRINCIPAL BUSINESS AND RELATED PROP I1ES:
Main Dealership -14702 60th St. North, eater, MN 55082 (PIN# 33.030.20.43.0042)
Additional Lot -ofisite pang and open and outdoor storage (P1N#3303OE20.43.0038
Related Variances and Conditonaai Use Permits Granted:
1. Amended Variance and Conditional Use Perms for Routson Motors issued October 23, 2001 and
amended January 22, 2002.
•
•
•
•
III. ADDITIONAL RESTRICTIONS AND PROVISIONS.
Approval of a Conditional Use Permit upon the subject site is subject to the following conditions:
1. The City finds that the project is consistent with the conditional use permit criteria found in Section
401.30.E of the Zoning Ordinance.
2.
•2. The subject property at 14738: 60. -Street North be combined with the main dealership property at 14702
60 Street North in compliance with Section 402, the Subdivision Ordinance. The lot combination shall
be completed within 30 days. following the remediation and cleanup of the lot at 14738 60 Street North
� y g p
from the contamination and certification by the MPCA on the cleanup project acknowledging closure on
the project.
3. No repair work or servicing of vehicles shall be allowed on the subject property at 14738 60 Street
North.
4. No signage shall be allowed on the subject property at 14738 60 Street North. The existing signage on
the canopy shall be removed within 30 days following City Council approval of the conditional use
permit.
The applicant shall submit a revised .ite plan indicating a 10 foot driveway and • parking area setback,
parking areas, vehicle display areas, and access drives with concrete curb and gutter, subject to review
and approval of the City Engineer. The paikhrg lot and required landscape inaprovements shall be
completed no later than December 31, 2008.
6. The grading and drainage plan shall be subject to review and approval of the City Engineer.
7. The applicant shall keep open the driveway mess to Osgood Avenue and the Highway 36 frontage road.
8. A landscape plan shall be submitted by the applicant, subject to review and approval of the City
Ar b o Fist.
9. The applicant shall subniit a revised lighting photometric plan with all site lighting subject to review and
approval by the City.
10. Light shields shall be installed on the under canopy lights by January 15, 2004.
11. The applicant is requested, but not - required, to replace the exterior broadcast paging system with hand
held paging, systems. Upon replacennet of the external paging system, a hand held paging system shall
be implemented at the main dealership proper at 14702 60 Street. North and the subject property at
14738 60 Street North.
The site plan shall designate, and the applicant shall supply, a total of four off-street parking stalls for
employees and customers, at least one of which must be disability accessible on the subject property at
14738 60 Street North. IP
g inspected The
building shall be ins ected by the Building Official to determine if a building permit is necessary for
the completed improvements.
14. Written documentation of closure is provided by the MPCA related to the contamination issues at 14738
60 Street North.
15. Architectural lighting chitectural li g htin on the existing building at 14738 60 Street North shall be dimmed at night to a
level that is acceptable to the City.
16. Forty-seven parking stalls shall be dedicated to customer and employee parking and 16 stalls shall be
dedicated for service at the main dealership property at 14102 60 Street North. Four parking stalls shall
be parking e dedicated for customer at the subject site at 14738 60 Street North. One vehicle shall be
g
allowed per designated parking stall throughout the lot.
17. The applicant plan shall submit a revised site p lan for the main dealership property at 14702 60 Street North
indicating at 10 foot driveway and parking setback with parking areas, vehicle display areas, and access
drives constructed with concrete curb and gutter and landscaping, subject to review and approval of the
City Engineer. The parking lot and required landscape improvements shall be completed no later than
December 31, 2008.
18. All signage at the main dealership property at 14702 60 Street North shall be brought into conformancelp
with the City's Sign Ordinance found in Section 401.15.E of the Oak Park Heights Zoning Ordinance no
later than October 15, 2008.
19. All lighting, including fixtures and photometries, at the main dealesship property 14762 60th Skeet
North, shall be brought into conformance with the City's lighting zequirements found in Section
401.15.117 of the Oak Park Heights Zoning Ordinance no later than December 31, 2008.
20. The applicant shall submit a development application by December 31, 2008 to the City for a new
dealership building and site improvements that includes the properties at 14762 60 Street North and
deal P g pr 1�' p
14738 60 Street North.. The applicant shall be required to post. a Cash or Letter of Credit security
satisfactory to the city staff with the development application for the total cam of the improvements to
satisfy the conditions of the conditional use peas granted for the subject property on December 9,
2003.
21. The applicant shall complete the conditions of the conditional use permit kir the subject props*
on December 9, 2003 no later than December 31, 2008,
22. If neither of the above .stated conditions are complied with, the applicant shall remove all of the vehicles
from the property at 14738 60 Street North and cease all car dealership operations at that site no later
than December 31, 2008.
•
•
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
Date: By
Date: 4,-/-0 By
eate: 5- 25' Or'
CI _- OF OAK P
d I
y t�
audet, Mayor
ric Johnson
City Administrator
IGHTS
Jacob Holdings of Stillwater LLC
EXHIBIT A
LEGAL DESCRIPTIQN- (former Service Station Site)
) ;" k b All that part of Blocks part 5 and 8 and all that art of Vacated Willim St. adjacent to said Blocks, of
e is on file and of record in the Office of the Register of Deeds in and for
the Plat of Summit Park, as the same .
described as follows, to -wit: Commencing at the intersection of
Washington Co,, Minnesota, more particularly �
• Myron St. with the westerly line of South 4 Street of the Plat of Summit Park,
the centerline of the Vacated My Y � .
• thence South along said westerly line of South 4 t11 on an assumed bearing
Washington County, Minnesota, g
of SO 15' 20"E point feet to the oint of beginning of this description: thence N89 °54'57 "W, parallel with
said feet; "E parallel with said westerly centerline of Myron St. for 181.00 feet, thence S 0 15 20 , p Y line of South 4 St:
with the new proposed right-of-way of Minn. Hwy. 212; thence N59 °04'36 "E
for 160.46 feet to its intersection p p g said way of Minn. Hwy. 212 for 82.55 feet; thence N72 °21' 15 "E along said new
along said new proposed rig Y �
proposed right-of-way of Minn. Hwy. 212 for 115.26 feet to said westerly line of South 4 � St.; thence
_ wa y
NO°15'20"W along westerly "W alon. said westerl line of South 4 th St. for 82.83 feet to the point of beginning.
Containing 0.50 Acres, more or less.
R to easement for ingress and egress over and across the West Twelve (12) feet of the
Subject t an � Easterly One Hundred ghty . (181) Ei one feet of the Southerly One Hundred Sixty and Forty -six Hundredths
Blocks Five (5) and Eight (8) of Summit Park to the Westerly driveway located on the South
(16 feet of Blo � l
line to the frontage road of Hwy. 212/36.2
i,
November 8, 2007
Minnesota Pollution Control Agency
520 Lafayette Road North J St. Paul, MN 55155 -4194 1 651- 296 -6300 i 1 -800 -657 -3864 J 651 -282 -5332 TTY I www.pca.state.mn.us
Mr. Jon Dodge
Erickson Post Acquisition Inc.
715 Florida Avenue
Golden valley, MN 55426
RE: Petroleum Tank Release Site File Closure
Site: Former Stillwater Amoco, 14738 60 Street North, Oak Park Heights, MN 55082
Site ID#: LEAK00014886
Dear Mr. Dodge:
We are pleased to let you know that the Minnesota Pollution Control Agency (MPCA) staff has
determined that your investigation and/or cleanup has adequately addressed the petroleum tank
release at the site listed above. Based on the information provided, the MPCA staff has closed
the release site .f le.
Closure of the file means that the MPCA staff does not require any additional investigation
and/or cleanup work at this time or in the foreseeable future. Please be aware that file closure
does not necessarily mean that all petroleum contamination has been removed from this site.
However, the MPCA staff has concluded that any remaining contamination, if present, .does not
appear to a thieat to public health or the environment under current conditions.
pp pose P
The MPCA reserves the right to reopen this file and to require additional investigation and/or
cleanup-work if new information, changing regulatory requirements or changed land use make
additional work necessary. If you or other parties discover additional contamination (either
petroleum or nonpetroleurn) that was not previously reported to the MPCA, Minnesota .law
requires that the MPCA be immediately notified.
You should understand that this letter does not release any party from liability for the petroleum
contamination Minn. Stat. ch. 115C (2002) or any other applicable state or federal law. In
addition, this letter does not release any party from liability for nonpetroleum contamination, if
present, under Minn. Stat. ch. 115B (2002), the. Minnesota Superfund Law. .
The monitoring wells for this site should be abandoned in accordance with the Minnesota
p
De p artment of Health Well Code, Chapter 4725. If you choose to keep. the monitoring wells, the
Minnesota Department of Health will continue to assess a maintenance fee for each well.
St. Pau! I Brainerd J Detroit Lakes 1 Duluth ( Mankato I . Marshall J Rochester Willmar J Printed on 100% post- consumer recycled paper
EXHIBIT
Mr. Jon Dodge
Page 2
Please note that as a result of performing the requested work you may be eligible to apply to the
Petroleum Tank Release Compensation Fund (Petrofund) for partial reimbursement of the costs
you have incurred in investigating and cleaning up this petroleum tank release. The Petrofund is
administered by the Petroleum Tank Release Compensation Board (Petro Board) and the
Minnesota Department of Commerce. To learn more about who is eligible for reimbursement,
the type of work that is eligible for reimbursement, and the amount of reimbursement available,
please contact Petrofund staff at 651- 297 -1119 or 1-800-638-0418. •
If future development of this property or the surrounding area is planned, it should assumed
that petroleum contamination may still be present. If petroleum contamination is encountered
during future development work, the MPCA staff should be notified immediately.
For specific information regarding petroleum contamination that may remain at this leak site,
please call the Petroleum Remediation Program File Request Program at 651/297-8499. The
MPCA fact sheet Request to Bill for Services Performed must - be completed prior to arranging a
time for file review. •
Thank you for your response to this petroleum tank release and for your cooperation with the
MPCA to protect public health and the environment. If you have any questions regarding this
letter, please call me at 651- 297 -8594 or the site hydrogeologist Jim Pennino at 651- 296 - -7399.
Sincerely,
An
Pr•ject ager
Petroleum Remediation Program
Petroleum and Closed Landfill Section
Section
Remediation Division
AJE:TH :ais
cc: Eric Johnson, Administrative City Clerk, Oak Park Heights
Jeff Travis, Washington County Solid Waste Officer
Consultant — Donovan Hannu, DPRA
Mark Hoffman,. Minnesota Department of Health
Minnesota Department of Commerce Petrofund Staff
Dick Zimmerman, Erickson Post Acquisition Inc., Stillwater
Jean Schuldt, Denny Hecker Automotive Group, MN
p� c
Tom Higgins
Hydrogeologist
Petroleum Remediation Program
Petroleum and Closed Landfill
Remediation Division
•
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•