HomeMy WebLinkAbout2001-06-07 Fully Executed Amendment to Developer's AgreementTHIS AGREEMENT, made and entered into this day of June, 200 1, by and
between the City of Oak Park Heights, a municipal corporation duly organized under the laws of
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e State of Minnesota (hereinafter referred to as the `City "), and Oppidan Investment Company
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(hereinafter referred to as the "Owner"), and The Fleming (hereinafter Com anies referred to as
the "Applicant "),
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WITNESSETH that:
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
AMENDMENT TO DEVELOPER'S AGREEMENT
WHEREAS, the Applicant has made a request of the City of Oak Park Heights for the
issuance of Conditional Use Permits, Amendments to Planned Unit Developments, and signed
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variances allowing them to construct and locate in the parking lot of the Oak Park Pond
Shopping Center a fuel station consisting of three fueling pumps, a covered canopy, and a 64-
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square foot kiosk to provide for customer services; and
WHEREAS, the property has been previously subjected to a Development Agreement
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between the City of Oak Park Heights and KTJ Limited Partnership Eleven by Oppidan
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Investment Company its General Partner duly executed and dated June 24, 1997 and recorded in
the Office of the County Recorder in and for Washington County, Minnesota as Document No.
967594; affecting real property known as "Lot 2, Block 1, Oak Park Ponds Addition"; and
WHEREAS, the City Council has reviewed the application of the Applicant, received
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commentary with regard to the nature of the permits and the approvals sought and has
conditionally granted the permits requested subject to the entry of this Amended Developer's
Agreement;
NOW, THEREFORE, in consideration of the premises and of the mutual promises and
conditions contained herein, it is hereby agreed as follows:
1. That the Applicant shall be allowed to develop with the consent of the Owner that
portion of the parking lot of the Oak Park Pond Shopping Center designated within the attached
Exhibit "A ", constructing a fuel station consisting of three fueling pumps, a covered canopy, and
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a 64- square foot kiosk to provide for customer services, providing that the followin g conditions
are met:
A. Both existing catch basins and the existing storm water pond shall be
improved to prevent and treat fuel spillages prior to their entrance into the City's storm sewer
system. In lieu of improving both existing catch basins a new "Stormceptor" catch basin may be
incorporated to collect storm water runoff and fuel spillages from the entire fuel station site.
Final drainage plans shall be subject to the review and approval of the City's Engineer,
Bonestroo, Rosene, Anderlik & Associates, and no construction shall be allowed on site until
such time as all plans are approved.
B. Access to the site during the period of construction shall be subject to the
supervision and review of the Building Official of the City of Oak Park Heights and the City
Engineer for the City of Oak Park Heights, Bonestroo, Rosene, Anderlik & Associates, to assure with the plans and � ure
compliance p specifications submitted for approval to the City staff.
C. A landscape plan shall be developed by the Applicant and shall be
submitted to the City to be subject to the approval of the City's Arborist.
D. All signage to be implemented upon the fuel station site must comply with
the standards set forth within Section 401.15.G of the Code of Ordinances of the City of Oak
Park Heights.
E. The Applicant shall submit and receive approval of a detailed lighting and
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photometric plan that demonstrates that lighting from the proposed canopy is in full conformance
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with the outdoor lighting standards provided for within the Code of Ordinances of the City of
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Oak Park Heights within Section 401.15.B.7 of the Zoning Ordinance.
F. The Applicant shall submit color renderings and material samples that
demonstrate the kiosk, canopy and related facilities will comply with the Design Guideline
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Standards, including the elimination of all franchise colors on the structures.
G. The City Engineer, Bonestroo, Rosene, Anderlik & Associates, shall have
the right of full review of the design of the pump islands.
H. The use of outdoor speaker systems at the site shall be prohibited.
I. Should the Applicant request an outdoor storage area, they must reapply to
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the City of Oak Park Heights for approval of an additional Conditional Use Permit under Section
401.30.E.5 of the Code of Ordinances of the City of Oak Park Heights.
J. The fuel service center must have an attendant on duty in the kiosk at all
times during the hours of operation.
K. The Applicant shall designate an off-street loading area in conformance
with Section 401.15.F.12 of the Code of Ordinances of the City of Oak Park Heights or
otherwise schedule all gasoline and fuel deliveries during off-peak hours.
L. The Owner has agreed to the location of a future private roadway access
from the northeast corner of the property to the property directly to the east of the subject
property (Outlot A, Brackey Addition) and shall cooperate to execute documents necessary to
implement same at such time as the private drive is to be constructed with City approval. roval. Such
cross easements and roadways shall not change the existing pattern of traffic along the north line
of the Owner's property and shall be implemented in a way to be without cost to the Owner.
M. The Applicant shall provide a copy of the Maintenance Contract into
which they enter for purposes of monitoring and maintaining catch basins and trap systems that
are designed to catch any fuel spills on the site. Such contract shall be filed annually with the
City of Oak Park Heights.
N. The Applicant shall demonstrate that the site has adequate trash and
rubbish storage. The trash storage area shall be inside the proposed building or in a trash
enclosure that is constructed of the same materials as the building.
IN WITNESS WHEREOF, the City, Applicant and Owner have caused this Agreement
to be duly executed on the date and year above first written.
In the presence of:
In the presence of:
By:
CITY OFjA IEIGHTS
By
B
D avid Beaul et, Ma or
Thomas Melena, Administrator
IOU LIMITED PARTNERSHIP
ELEVEN
AN INVESTMENT COMPANY
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THE FLE G COMPANIES
By
Its
STATE OF MINNESOTA
COUNTY OF WASHINGTON
On this 1 day of June, 2001, before me David Beaudet and Thomas Melena, to me
personally known, being each by me duly sworn did say that they are respectively the Mayor and
the City Administrator of the City of Oak Park Heights, the municipal corporation named in the
foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said
corporation, and that said instrument was signed and sealed on behalf of said municipal
corporation by authority of its City Council and said Mayor and Administrator acknowledging
execution of same, to be the free act and deed of said municipal corporation.
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Not4y Public
STATE OF MINNESOTA
: ss.
COUNTY OF WASHINGTON
: SS.
JULIE A. HULTMAN
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan. 31, 2005
On this day of June, 2001, before me, tary Public, within and for said County
and State, personally appeared F and
, to me personall known. bein each by me duly sworn
did say that they are respectively the
Ce- A ,71 I) (and the
i *e x T.1 Limited Partnership Eleven, named in the
foregoing instrument, an .51167911" ent was signed on behalf of KU Limited Partnership
Eleven by authority o : g -j ---i,,,,or / Oppidan Investment Com ea cif s t oar.
Directors and said I Aril A and , - ...-er ,e _ ,
acknowledged said ins lr 'n'o P 77 and deed o said company.
JOEY A LOBDELL
NOTARY PUBLIC MINNESOTA
My Commission Expires Jan. 31, 2005
STATE OF MINNESOTA
: ss.
COUNTY OF WASHINGTON
On this Le day of June, 2001, befoce me, a Not Public, within and for said County
and State, personally appeared La rry 5ncirp and
, to me personally known, who, being each by me duly sworn
did say that they are respectively the jr. ail Shot Devdopneertf and the
of The Fleming Companies, named in the foregoing
instrument, and that said instrument was signed on behalf of The Fleming Companies by
authority of its Board of Directors and said and
acknowledged said instrument to be the free act and
deed of said company.
THIS INSTRUMENT WAS DILUTED BY:
Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff
Vierling, P.L.L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
(651) 439-2878
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It% JOY L CYPHERS-SALDIN
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan. 31, 21065
EXHIBIT
CONDITIONAL USE PERMIT
PLANNED USE DEVELOPMENT PERMIT AND VARIANCE
Site Address: 5801 KERN RD.
OAK. PARK HEIGHTS, MN 55082
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMIT
PLANNED UNIT DEVELOPMENT PERMIT
FOR
KTJ LIMITED PARTNERSHIP ELEVEN
AND
THE FLEMING COMPANIES
File No ® Date Issued: June
001
Legal Description: (Washington County Geo. Code 0 20 )
Lot 2, Block 1, Oak Park Ponds Addition
Owner: KTJ LIMITED PARTNERSHIP ELEVEN
Applicant: THE FLEMING COMPANIES
Present Zoning District: B -2
Permitted uses set forth in Ordinance 401 Section 401.30
A. CONDITIONAL USE PERMIT FOR:
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. That the Applicant shall be allowed to develop with the consent of the Owner that portion of the parking
lot of the Oak Park Pond "
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Shoppg Center designated within the attached Exhibit "A", constructing a fuel
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station consisting of three fueling pumps, a covered canopy, and a 64- square foot kiosk to provide for customer
services, providing that the following conditions are met:
A. Both existing catch basins and the existing storm water pond shall be improved to prevent
and treat fuels ilia p p
p spillages prior to their entrance into the City's storm sewer system. In lieu of improvin g both
existing catch basins a new "Stormceptor" catch basin may be incorporated to collect storm water runoff and
fuel spillages from the entire fuel station site. Final drainage plans shall be subject to the review and approval of
the City's Engineer, Bonestroo, Rosene, Anderlik & Associates, and no construction shall be allowed on site
until such time as all plans are approved.
B. Access to the site during the period of construction shall be subject to the supervision and
review of the Building Official of the City of Oak Park Heights and the City Engineer for the City of Oak Park
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Heights, Bonestroo, Rosene, Anderlik & Associates, to assure compliance with the lans and specifications
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submitted for approval to the City staff.
C. A landscape plan shall be developed by the Applicant and shall be submitted to the City
to be subject to the approval of the City's Arborist.
D. All signage to be implemented upon the fuel station site must comply with the standards
set forth within Section 401.15.G of the Code of Ordinances of the City of Oak Park Heights.
E. The Applicant shall submit and receive approval of a detailed lighting and photometric
plan that demonstrates that lighting from the proposed canopy is in full conformance with the outdoor lighting
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standards provided for within the Code of Ordinances of the City of Oak Park Heights within Section
401.15.B.7 of the Zoning Ordinance.
F. The Applicant shall submit color renderings and material samples that demonstrate the
kiosk, canopy and related facilities will comply with the Design Guideline Standards, includin g the elimination
of all franchise colors on the structures.
G. The City Engineer, Bonestroo, Rosene, Anderlik & Associates, shall have the right of full
review of the design of the pump islands.
H. The use of outdoor speaker systems at the site shall be prohibited.
I. Should the Applicant request an outdoor storage area, they must reapply to the City of
Oak Park Heights for approval of an additional Conditional Use Permit under Section 401.30.E.5 of the Code of
Ordinances of the City of Oak Park Heights.
J. The fuel service center must have an attendant on duty in the kiosk at all times during the
hours of operation.
K. The Applicant shall designate an off - street loading area in conformance with Section
401.15.F.12 of the Code of Ordinances of the City of Oak Park Heights or otherwise schedule all gasoline and
fuel deliveries during off -peak hours.
L. The Owner has agreed to the location of a future private roadway access from the
northeast corner of the property to the property directly to the east of the subject property (Outlot A, Brackey 2nd
Addition) and shall cooperate to execute documents necessary to implement same at such time as the private
drive is to be constructed with City approval. Such Bross easements and roadways shall not change the existing
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implemented of traffic along the north line of the Owner's property and shall be mplemented in a way to be without
cost to the Owner.
M. The Applicant shall provide a copy of the Maintenance Contract into which they enter for
purposes of monitoring and maintaining catch basins and trap systems that are designed to catch any fuel
spills on g y
p n the site. Such contract shall be filed annually with the City of Oak Park Heights.
N. The Applicant shall demonstrate that the site has adequate trash and rubbish storage. The
trash storage area shall be inside the proposed building or in a trash enclosure that is constructed of the same
materials as the building.
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 allowed
B. Fencing: None allowed
C. Exterior Storage: None allowed
D. Chemical/Pollutant Storage and Disposal: None allowed except fuel products subject to
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storage requirements and regulations.
E. Screening: Per approved site plan
F. Landscaping: Per approved site plan
G. Lighting: Per Ordinance
H. Parking: Per approved site plan
1. Hours of Operation: See Above
Reference Attachment:
The recommendations of the City Planner as adopted by the City Council are annexed hereto be reference.
Date:
J. Advertising/Signage: See Above
K. Drainage: Per plan approved by the city engineer
L. Other: None
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
Date: WS/6 /
By
Its
Thomas Melena
City Administrator
TJ LIMITED PARTNERSHIP ELEVEN
THE FLEMING COMPANIES
EXHIBIT "A"
OAK PARK HEIGHTS
Rainbow Fuel Station - Conditional Use Permit, Planned Unit Development Amendment
and Sign Variance
Planning Commission Recommendation: April 12, 2001
City Council Approval: April 24, 2001
The City Council approved the amendment to the Planned Unit Development, the
Conditional Use Permit, and the sign variance to allow construction of a fuel service
center in the p arking lot of the Oak Park Ponds shopping center with the following
conditions:
The Planning Commission recommended the CUP /PUD and sign variance with minor
changes and clarifications to the conditions listed in the planning report. The revised
conditions are as follows:
1. Both the catch basins and the existing storm water pond shall be improved to
prevent and treat fuel spillages prior to their entrance into the City's system. The
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drainage plans shall be subject to the review and approval of the City Engineer.
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The applicant shall provide a yearly report or copy of the maintenance contract
for clean out of the stormceptor of the stormwater drainage system within the
Oak Park Ponds development
2. Access to this site is subject to the review and approval of the City Engineer.
3. The landscape plan shall be subject to final review and approval by the City
Arborist.
4. The sig ns must comply with the standards set forth in Section 401.15.G and the
applicant must receive approval of a variance for the number of signs requested.
5. The applicant shall submit and receive approval of detailed lighting and
photometric plan that demonstrates that the lights from the proposed canopy are
in conformance with the outdoor lighting standards outlined in Section 401.153.7
of the Zoning Ordinance.
6. The applicant shall submit color renderings and material samples that
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demonstrate the kiosk and canopy will comply with the design guidelines
standards, including the elimination of all franchise colors of the structures.
T The City Engineer shall approve the design of the pump islands.
8. Use of an outdoor speaker system is prohibited.
9. Should the applicant request an outdoor storage area, they must apply for and
receive approval of an additional conditional use permit under Section 401.30.E.5
of this Ordinance.
10. The fuel service center must have an attendant on duty in the kiosk during all
hours of operation.
114 The applicant shall designate an off - street loading area in conformance with
Section 401.15.F.12 of the City Code or schedule all gas deliveries during off -
peak hours.
12. The owners of the site property (Lot 2, Block 1, Oak Park Ponds Addition) shall
agree to a cross easement agreement for future private roadway access from the
northeast corner of the property to the property directly to the east (Outlot A,
Brackey 2nd Addition).
13. The applicant shall demonstrate that the site has adequate trash storage. This
area should be inside the proposed building or in a trash enclosure that is
constructed of the same materials as the building.
'14. Any other conditions of the Planning Commission, City Council and City staff.
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