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HomeMy WebLinkAboutDevelopment Application03/15/01 15:28 FAX 6129331153 , 00 , 01 11;43. Far 31316404404 ..... 141 611 Qa Pe* Bedevani KO. Bog 2007 Oak Park Meigrita‘ MN 65082 430.4435) Fix: (661) 43043674 litrest Locaticon of Proporty Loyal Denser' ption of Properly tikleg a 5s44.42,03i Owner Nurne AtidnitsS: City: Telaphonec (Harm) CPL*) Applicant Menlo Addreson City: Teloptione: (Horny) (Fax) 4321M:28,Una (Me Typo of Request(*) Zertinci Dlatiet Amendment Candlionid Use Parma Vriant*: Mg* Fah* Residential __Velem= Othet ResitionlieConvnatdatilndu Sutdi (Won Subailsion; Minor comprehensive Plan Amendmerd peac•iptior of Ittequosigio): pij C00/00'd GT7Int 01 retilmmilt for PiannOWStorting action on the stilifeet eft* a anY Part *Imhof ha* bison previously approved, pima, doscribe 11 below; °mint lApptioent *41 RIX-KUUSISTO 40 it 01 IA.f Bose Fag: loom Amount Okleci.1 NVCIddO 1 la. (Busktelga 1214a04dene a+-11e1- I' tki E P.fot oo $ 500. est 400.4.4E-ur j Zip: 9414tz se Home Occupation *A. 70P: concipt m Puo: Garserel Plan i( SAW Vaesibon T it002/003 IGT01766 17g:GT oorzw 03/15/01 15 :29 FAX &129331153 ' 013 n 11:51 : 01:1043115 a # ..� £C'O / .00'd GIrTnIc a4HS D.vabpnwnt ApPlicaUoni $a. G•ncral Conditions AppI1caton PivIw The undersigned sccnoYwlocips that bsfor• thIs saquest can be cx:Insider0d andJo+r approved, It requited i MDnrcaliOn and t4ii, iricudWa ow ttvpvels, must be pel4 to the City. An incomplete spplicetion wi';i be returned to the applicant The appecati0n apPrcivild Promos Q�TTIflO5 and � eppNc;ttiOn is considered complete when all roquirpd hifcrmation and fees are submitted $RProprisialy to the City. 5ixty OM Day Wsysr review /nay not bit come within The The City henl�y nvtllti� the applicant flat development required BO days due to public heating requirements Ord *QTY bvievir, therefore, the City is exAtcisinQ are iutvrratiC450-dsY adoration 'far development !'a0n►iew• OoPmUflt srrieW will be rnmpNeRad within 120 days unless additional review eftenattuw ors apprCrve(' by the ownsrlappticant. Professional FM *SSporIbIMPy it tho understanding cf1he wndengaeteti;.that el CItY Incurred professional tees and expenses associated Mel the pr+acssakl0 reeMvefa) Mabel promptly Paid upon recaipt It payment is not eroniYiKI from the applicant, the pOMrty owner acknowledges and /Kross to be responsible ibr the atg:mtd 14. baIaro* &th.r by th,ect pwmst% or a assessment against the malmsey_ ,4pOiicsnts b*bilt�d �n a monthly basis for Plantingitnainestingi t*aSae and Community Gevetoprnerit fees as ti'n'y are accrued. Fe'duro to pay acirtii"nistiathrg and proc.sSS ►n9 Etas in a amity man3» mnY issUtt in dsniel trf the application. X11 fees moat be paid at the time of apeman and shall be pald fit' to the 3aRUancv i af budding permit. The undtrs: awl apPlitent further ackryowE.dges'and consents that ail vnpaid fees owing the City of Oak Park M.9ht& shall be traaDad o unpttr# u3tli1y %so and m414y . lat certified fir coIlQOtiort with dellnquent utility bIiitrep and maybs aseessed againat ?WI subject raw Drop/lily If unpaid by October 31g of each y*r, .� prgpany Acrci 60� Ageilde tjatin � g'k k , Owner Siitnaturs: 5 4 4y: Apia, ow y ' , �I•M ., NV IddO b Date: 003/003 CAW 1 t1vtutts''►vi 400 00"fts \ LTD 19 Hibbing Office 303 East 19th St. PO Box 656 Hibbing, MN 55746 Phone: (218) 262-5528 Toll Free: (800) 520-3824 Fax: (218) 262-5059 Creating extraordinary Communities for our clients RAINBOW FOODS-FUEL SERVICE CENTER CITY OF OAK PARK HEIGHTS, MINNESOTA CONDITIONAL USE PERMIT 1 PUD AMENDMENT PROJECT NARRATIVE INTRODUCTION On behalf of Rainbow Foods (Rainbow) we are pleased to submit this application for a Conditional Use Permit (CUP) and an amendment to the existing Planned Unit Development (PUD) to allow the placement and use of a fuel service center. The fuel facility will be placed at the existing Rainbow Food store located at the intersection of 58 Street North and Neal Avenue North. The fuel facility will have three fueling pumps, a covered canopy, and an 8-foot by 8-foot kiosk station to provide customer service. A CUP is required for this facility in the B-2 zoning district, as well as an amendment to the existing PUD. PROJECT REQUEST Twin Cities based Rainbow Foods started in September 1983 and has grown to 45 stores, located mainly in the Minneapolis/St. Paul metropolitan area. Rainbow Foods currently holds 30 percent of the Twin Cities market share. An emerging and growing trend among grocery store facilities is the inclusion of fuel service centers at existing and new stores. There are currently 1,400 supermarket fuel centers in the United States, and that number is expected to be more than 5,000 by the Year 2005. The reason for this trend is convenience. Grocery store customers are telling store operators they want more convenience in the shopping experience, and they want "one-stop" shopping. To remain competitive in the ever-changing retail environment, grocery store operators must add fuel service centers. Minnetonka Office 6110 Blue Circle Dr. Suite 100 Minnetonka, MN 55343 Phone: (952) 933-0972 Toll Free: (888) 884-9678 Fax: (952) 933-1153 Prepared by RLK-Kuusisto, Ltd. March 23, 2001 St. Paul Office 2060 Centre Pointe Blvd. Suite 1 Mendota Heights, MN 55120 Phone: (651) 454-4554 Toll Free: (800) 847-8532 Fax: (651) 454-4608 RLK-Kuusisto Ltd. is an equal opportunity employer. Cngineering • 'nntin u • Surve ying • Landscape Archit Twin Ports Office 101 West Second St. Suite 205 Duluth, MN 55802 Phone: (218) 720-6219 Toll Free: (877) 720-6219 Fax: (218) 720-6267 FILE COPY Ham Lake Office Caine & Associates Land Surveyors, Inc. 17720 Highway 65 NE Ham Lake, MN 55304 Phone: (763) 434-7646 Fax: (763) 434-8007 A Subsidiary of RLK-Kuusisto, Ltd Rainbow Foods-Fuel Service Center Conditional Use Permit Project Narrative March 23, 2001 Page 2 of 6 The fuel service center will be located on the Rainbow Food property, and will be fully integrated into the existing Rainbow Food store. The architecture of the kiosk and canopy will be consistent with the Rainbow Food store design. A Rainbow employee will attend the kiosk during the hours of 7:00 a.m. to 10:00 p. m. The pumps will stay open 24 hours. The fuel center is ADA compliant. The underground fuel tanks and piping are double insulated with an uninterrupted monitoring system that includes an automatic shutdown feature. EXISTING CONDITIONS The fuel facility will be located on the Rainbow Food property. This Rainbow Foods is part of the Oak Park Ponds Shopping Center. The shopping center is accessible from 58 Street and Neal Avenue. Adequate water, sanitary sewer and storm water facilities currently serve the area. ZONING CODE The property is zoned B -2 "Retail Business District ". The purpose of the B -2, General Business District, is to provide for high intensity retail or service outlets, which deal directly with the customer for whom the goods or services are provided. The uses allowed in this district are to provide goods and services on a community market scale, and be located in areas, which are well served by collector or arterial street facilities. The fuel service center and existing Rainbow Foods store are consistent with the intent of the City's B -2 zoning category. However, the fuel service center, defined in the code as a Motor Fuel Station, does require a Conditional Use Permit. CONDITIONAL USE PERMIT The following addresses the specific review criteria for a Conditional Use Permit. Criteria A: Regardless of whether the dispensing, sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Ordinance for motor fuel stations shall apply. These standards and requirements are, Halve ver, in addition to other requirements which are imposed for other uses of the property. It is the intent that the proposed Fuel Service Station meets all requirements of the Zoning Code, except for the pump islands (See Criteria H). Rainbow Foods-Fuel Service Center Conditional Use Permit Project Narrative Criteria B: March 23, 200] Page 3 of 6 The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. The canopy and kiosk will have an exterior finish to match that of the existing shopping center. Criteria C: The entire site other than that taken up by a building, structure or plantings shall be sui faced with a material to control dust and drainage which is subject to the approval of the City Engineer. The entire area will be paved with bituminous except the islands shall be landscaped with trees and sod. Criteria D: A minimum lot area of twenty thousand (20, 000) square, feet and »zznimum lot widths of one hundred fifty (150)feet. The proposed Fuel Service Station is part of Lot 2, Block 1, of Oak Park Ponds Addition. This lot is 14 acres +, and has a lot width of 920 feet +. Criteria E: A drainage system subject to the approval of the City Engineer shall be installed. The existing drainage system will be utilized which consists of a storm sewer with two catch basins within 40 feet of the site. Criteria F: A curb not less than six (6) inches above grade shall separate the public sidewalk from motor vehicle service areas. A sidewalk is not applicable to this site. Criteria G: The lighting shall be acconnplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right - of-way and shall be in compliance with Section 401. 15.B. 7 of this Ordinance. The existing lights within the parking lot will remain in place and will be utilized for this site. The canopy will have additional lighting, which will meet the requirements of Code 401.15.B.7. Rainbow Foods -Fuel. Service Center Conditional Use Perini t Project Narrative Criteria H: Wherever fuel pumps are to be installed pump islands shall be installed. The fuel pumps will be constructed on a concrete slab, not a raised island. This is to allow for ADA compliance. Criteria 1: At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.15.E of this Ordinance. This Fuel Service Station is not adjacent to a residential boundary. March 23, 2001 Page 4 of 6 Criteria J: Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 401.15.E of this Ordinance. Again, this station is not adjacent to a residential boundary. Criteria K: Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F. of this Ordinance and shall be subject to the approval of the City Engineer. Traffic movements and access points will be generally the same as with the current parking lot. Criteria L: All signing and informational or visual co11mnnunication devices shall be minimized and shall be in compliance with Section 401.15.G. of this Ordinance. It is the intent of all signing to meet this ordinance. Criteria M: Provisions are made to control and reduce noise. The only noise generated will be that of the cars, which is acceptable in a retail area. Criteria N: No outside storage except as allowed in compliance with Section 401.30.E.5 of this Ordinance. No outside storage is anticipated. Rainbow Foods-Fuel Service Center Conditional Use Permit Project Narrative Criteria 0: Sale or products other than those specifically mentioned in this subdivision be subject to a Conditional Use Permit and be in compliance with Section 401.30.E.6 of this Ordinance. Acknowledged. Criteria P: All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. Acknowledged. March 23, 2001 Page 5 of 6 Criteria Q: The provisions of Section 401.03.4.8 of this Ordinance are considered and satisfactorily met. Acknowledged. Criteria R: The City may allow a motor fuel pump canopy to encroach ten (10) feet into a required setback provided the canopy support structure does not encroach on the setback and the setback encroachment will not result in an obstruction of traffic visibility The canopy is approximately the same size as the concrete slab, and is approximately 30 feet from the property line. PARKING FACILITY The Rainbow Foods lot contains the following uses, approximate square footage of each respective building, and number of parking stalls required by City Code: USES SIZE REQUIRED PARKING STALLS * Rainbow Foods 64,313 S.F. 322 * Retail A 9,600 S.F. 48 * Retail B 10,500 S.F. 53 * Retail C 3 900 S.F. 20 TOTAL 88,313 S.F. 443 Existing Parking Spaces -- 611 Total Parking Spaces after the Station is Added - 583 Rainbow Foods-Fuel Service Center Conditional. Use Permit Project Narrative APPLICANT AND DEVELOPMENT TEAM Applicant Brian McFadden Preconstruction Development Services C/o Fleming Companies, Inc. 1034 East Hiddenview Drive Phoenix, AZ 85048 Civil Engineer/Landscape Architect /Surveyor Leon Opatz, P.E. Steve Schwanke, AICP Kurt Fisch, P.L.S. RLK-Kuusisto, Ltd. 17720 Highway 65 N.E. Ham Lake, MN 55343 Attorney David Sellergren Greg Munson Fredrikson & Byron, P.A. 1100 International Centre 900 Second Avenue South Minneapolis, MN 55402 Tel. 480-283-8963 Fax 480 - 283 -8913 Tel. 763-434-7646 Fax 763-434-8007 Tel. 612-347-7000 Fax 612-347-7077 March 23, 2001 Page 6 of 6 5125 COUNTY ROAD 101 • #100 • MINNETONKA, MN 55345 • PHONE: 952/294-0353 • FAX: 952/294-0151 • WEB: www.oppidan.com March 19, 2001 Oak Park Heights City 14168 Oak Park Boulevard North P.O. Box 2007 Oak Park Heights, MN 55082 Attn: Planning Department Re: Rainbow Foods Fuel Facility Proposal Oak Park Ponds Shopping Center Dear City Officials: Oppidan is both the owner of the Oak Park Ponds Shopping Center and Landlord for the Rainbow Foods store located at 5801 Neal Avenue. Oppidan has been working together with the applicant (Rainbow Foods) on the above-referenced project, and is in full support of said project. We realize that adding a fuel facility in conjunction with a grocery store is becoming a very popular concept, one we will no doubt see much more of in the near future. We look forward to the addition and agree that adding a fuel facility to the shopping center will benefit Rainbow Foods and Oak Park Ponds Shopping Center's other tenants, as well as the residents of Oak Park Heights. Sincerely, Keith A. Ulstad OPPIDAN Builder of towns. Creator of value. cc: Tyler Seamons — Fleming Companies, Inc. Joe Samuel — RLK, Kuusisto Brian McFadden — PDS MAR 2 2 2001 ASSESSMENT, TAXPAYER SERVICES & ELECTIONS DEPARTMENT Stephanie F. Iverson TAXPAYER SERVICES & ELECTIONS DIVISION Administrative Technician 14949 62ND STREET NORTH ? P.O. BOX 6 ? STILLWATER MINNESOTA 55082 -0006 Office (651) 430 -6175 Facsimile Machine (651) 430 -6178 Date: March 20, 2001 To: RIK 6110 Blue Circle Drive Suite 100 Minnetonka, MN 55343 Attn: Shari WAShINGTON COUN1 Re: Property ID # 06.029.20.11.0011 We have checked the delinquent tax records in this office and certify that there are no delinquent taxes due on this property at this time. 5801 Neal Avenue North, Oak Park Heights By Washington County Auditor- Treasurer L/ )-() Y Deputy ri Molly F. O'Rourke Director Washington County does not discriminate on the basis of race, color, national origin, sex, religion, age, and handicapped status in employment or the provision of services. Printed on Recycled Paper MAR-20-2001 March 20, 2001 Shari Donnelly RLK Kuusisto 6110 Blue Circle•r., Suite 100 Minnetonka, MN 55343 Very truly yours, 1C y CI TY OF OPH OAK . PARK HEJGHTS 14168 Oak Park Bioulevard No, • P.C. Box 2007 • Oak Park Height, MN 55082-2007 Phone; 651/439-4439 • Fax 651/439.0574 iliady L. ¥Ioist Deputy Clerk/Finance Director • • • • Re: Assessment/Connection Charge Search 06-029-20-1 1-001 1 (Rainbow Foods) Dear Ms. Dont:ielly: In regards to your request for a search of fees due on the above-mentioned property, there are assessments due in the amount of $33,834.51. for Eirackey West Improvements. There is also assessments certified to Washington County for payable 2001 in the amount of $20,716.17. This amount includes interest due for the year 2001. The connection charges for water, sewer, and storm sewer have already b collected therefore there is nothing due for connecting to the City system at this time. Please let me know if you need further information. Tree Ci • U.S.A. • • P.02/02 TOTAL P.02 11370 opitica FIU.0 NUMJ3iR SCHEDULE A owners Form CHICAGO TITLE 1:&S'CJRANCE COMPANY POLICY N UMBER 24 0089 106 00000456 SCHEDULE; A June 27, 1997 at 1:1409 A.M. DATE of POLICY 1, Name of Tnsurei Limited :Partnership Eleven, a Minnesota limited partnership The estate or in :crest in the land which is covered by this Policy is , Fee Simple 3 , Title to the estate or interest in the land is vestod in the Insured. 4. The land herein &scribed is encumbered by the following mortgage or trust deed, and assents: Combination Mortgage, Security Agreement anii Fixtuxe Flnnnciwg Statement decd June 26, 1997, lied June 27, 199'7, as Document No. 936159, executed by KU Limited Partnership Eleven, a Minnesota limited partnership, as mortgagor and First Natitinal Bank of Omaha, a national banking association, as mortgagee, to secure $9,550,000.00. and the mortgages or trust deeds, if any, shown in Schedule 13 hereof. 5. The land rerterrod to in this Policy is described as follows Lot 1, Block 1, Brnckcy West Addition, according to the plat on the In the office of the County Recorder, Washington County. Washington County, Mimicsota Abstract Property This Policy valid only if Schedule B is attached. AMOUNT OP INSURANCE $14,200,000.00 SCHEDUL8 B Owner's Form Office File No.: 11370 Policy No.: 24 0089 . 106 000004S6 cnn15nn•A Q'?* CYITCAl;O TITLE INSURANCE COMPANY SCHEDULE E EXCEPTIONS 1ONY COVERAGE An�(7' T 7 7 Schedule B of this Policy consists of 2 pages. 4. Draisiagc and : atility easements as shown on the plat of Brackey West Addition, This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) which ariso by reason of: 1. A) Real estate taxes payable in 1998 and thereafter. There are no levied or pending assessments of record. 2. Utility easeme# its over the East 30 feet as evidenced by Document No, 646539. 3. Temporary col Lstruction cements as shown In Minnesota Department of 'Transportation Right of Way Plat Nos. 82 %$1 and 82.83, filed of record as Document Nos. 916146 and 91S124. 5. Terms and coJ,aditjOns of the Declaration of Restrictions and Easements dated June 26, 1997 filed June 27, 1997, as Document No. 936158 The terms and conditions of the City of Oak Park Heights, Washington County, Minnesota, Developer's Agreement dated June 23, 1997 by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota, and KTJ Limited Partnership Eleven, a Minnesota Limited Partnership by Oppidua Incorporated its General Partmr, filed Jr. ne 27, 1997, as Document No. 936157K 7. The terms and conditions of the Lease as evidenced by a Short Form Lease Agreement dated June 13, 1997, filed June 27, 1997, as Dccument No 936161, by and between KTJ Limited Partnership Eleven, a Minnesota limited partnership, as Landlord mad Fleming Companies, Inc., an Oklahoma corporation, as Tenant. The landlord's interest in the Lease was assigned tt! First Nation.! Bank of Omaha by Assignment of Leases and Rents dated June 26, 1997, tiled June 27, 1997, as Document No. 936160, The Lease Is further subordinated to the lien of that certain mortgage, filed as Document No 96159, by Subordination, Non- Disturbance and Attornment Agreement dated June 26, 17, filed June 27, 1997, as Document No 936162 B. The terms any d conditions of the Lease dated June 19, 1997 by and between KTJ Limited Partnership Eleven, a Minnesota limited partnership, as Landlord and Hollywood Entertainment Corporation, as Tenant, The landlord's interest in the lase was acsigned to First National Bank of Omaha by Assignment of des and Rent' dated June 26, 1997, filed June 27, 1997, as Document No 936160, The Lease Is further subordinated to the lien of that certain mortgage fled as Document No 936159 by Subordination, Non - Disturbance and Attornment Agreement dated June 26, 1997. 9. An Assignment of des and Rents dated June 26, 1997, iced June 27, 1997, as Document No 936160, executed by KTJ Limited Partnership Eleven, a Minnesota limited partnership in favor of First National Bank of Omaha. 10. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished on behalf of the insured, imposed by lavr and not shown by the public records. Office File No.: 11370 Policy No.: 24 0089 105 00000456 11. The terms and conditions of unrecorded Ground Lease Agreement dated June 24, 1997, by and between KTJ Limited Partnership Eleven, a Minnesota meted partnership, as landlord and First State Bank of Bayport, a IVIInnesoi a corporation, t s tenant. The landlord's interest in the Lease was assigned to First National Bank of Omaha by Assignment of Leases and Rents dated Alm 26, 1997, fled June 27, 1997, as Document No. 936160. The Lease is Sher subort`ated to the lien of mortgage Document No. 936159 by Subordination, Non-Disturbance and Attarnment Agreement dal ed June 26, 1997. Issuing Agent: Commercial Priers Title, LLC 330 2nd Ave, S., Suite 320 Minneapolis, MN 5544R (612) 337 -2470 Countersigned SCHEDULE 8 Owner ;s fform CnnICnn•.7 CffWM*0 TITLE LNSURANCE COMPANY SCHEDULE B (Continued) Schedule J3 of Ibis Policy consists of 2 pages. KrurTT.T ?n T( ! TT Tnn7 72 `4TVIT,T