HomeMy WebLinkAbout2007-12-20 OPH Ltr to ApplicantCity of Oak Park Heights
14168 Oak Park Blvd. N •Box 2007 •Oak Park Heights, MN 55082 •Phone (651) 439 -4439 •Fax (651) 439 -0574
December 20, 2007
Mr. Eric Dove
Manager and Vice - President
Sydney Holdings of oak Park Heights LLC
500 Ford Road
Minneapolis, MN 55426
RE: Former Amoco Site 1 New Facility on M emorial Ave.
Dear Mr. Dove:
It has been some time that the City has been provided additional information related to
the continued development of the new D. Hecker Cadillac Dealership to be located on
Memorial Ave. Please however note that at this time the City does anticipate the timely
receipt of the requested documents as indicated in my letter to you dated Oct 16 2007
(again enclosed).
I would also like to take an opportunity in this letter to remind you that there are
concurrent requirements stemming from the Amended Variance 1 Conditional Use
Permit as requested by Jacob Holdings and as approved by the city for the current
dealership and former Amoco site - See Enclosed. Generally, all curbing 1 landscaping
and signage at the main dealership site must be brought into compliance by 12131108.
Should these improvements as outlined in the Permit document not be completed, the
use of the former Amoco Site for auto sales/display or other non -- conforming uses must
cease as of 12131108. You will recall that this was the pre -trial settlement reached
between Attorney Mr. Daniel Bovin representing Jacob Holdings and the City in spring
2006.
look`9rwpr� to hearing from you and receiving the information as required.
Sic
trrc��on son
City A31ministrafor
Cc: Mark Vierling, city Attorney
Attorney, Daniel Bovin
Julie Hultman, Planning File-.
Weekly Notes
City of Oak Park Heights
14168 Oak Park Blvd. N •Box 2007.Oak Park Heights, MN 55082 •Phone (651) 439 -4439 •Fax (651) 439 -0574
October 16, 2007
Mr. Eric Dove
Manager and Vice - President
Sydney Holdings of oak Park Heights LLC
500 Ford Road
Minneapolis, MN 55426
RE: Resolution 07 -08 -55
Dear Nor. Dove:
In response to your letter of October 2nd, the city can provide the #allowing clarifications.
However, please note that these clarifications will be incorporated into the final
Development Agreement.
1 } It is understood that once the new dealership is provided its occupancy
Permits that you will then move your operations to the new location. once the
Occupancy Permit for your new facility is issued all existing non - conforming
uses and uses regulated by existing conditional use permits shall cease as it
affects your operations at l 4738- -60th Street North and ] 4702 --60TH street North.
Again, the authority to use of these properties is lost at the time of the.
issuance of the occupancy Permit, not at the time of demolition or
redevelopment. The City will strictly enforce this caveat. Please see condition
#2 in resolution 07-08 -55 and is something you have agreed to.
2) The City Council by resolution has required that a redevelopment plan be
submitted not later than 1/30/2008 for your current properties located of
14738 and 14702 N. both street. This condition was stated in item #I of
Resolution 07- 08-55. The city understands that at this time you may not have
an exact redevelopment plan or tenants, or a purchaser of the property.
Accordingly, what is to be submitted to the City prior to 1/30/08 is a
`demolition plan' that incorporates the removal of all structures, light poles,
signage, temporary buildings, underground tanks, fencing, etc. You shall also
provide a detailed report to the City from a licensed Minnesota Engineering
firm that the site has been investigated for wells and septic tanks and each
have been abandoned pursuant to State and County regulation and/or that
none exist. A detailed Phase I environmental report shall also be provided
about these properties to the city.
The Demolition Plan shall also include the demolition of the former Amoco
building now held by Erickson -Post and all other related light poles, signage,
canopies, etc. Upon completion of all such demolitions, the sites shall be left
in a clean, safe and saleable condition.
The Demolition Plan submittal shall also be accompanied by a cash deposit
or letter of credit in the amount of $50.000 that will be released upon the full
completion of the Demolition Plan and providing of all documents to the city.
The Demolition Plan shall be implemented not later than March Ist, 2008 and
work shall be completed not later than June 1, 2008. For each week that the
work is not substantially completed past June I st the city will retain $2,000.00
of the submitted deposit. This timeline includes the demolition of the Amoco
building and facilities.
Should you fail to submit the Demolition Plan, the required environmental
documents and the cash escrow deposit by January 81 st , 2008, the City may
decide withhold further Building Permits and/or occupancy Permits for the
new facility.
I trust this letter provides adequate and clear direction for you to proceed, please let me
know if you have any questions otherwise the city will incorporate these conditions into
the finq�Dev opment Agreement.
Er: J�nson
I i dministrator
c: city council Members
Mark Vierling, city Attorney
Scott Richards, City Planner
Dennis Postler, Ci Engineer
Julie Hultman, Planning Files
certi f ied to be a
true and correct copy
of the original..
CITY OF OAK PARK HEIGHTS
AIVIENDED
VA►RLANCE AND
AMENDED CONDITIONAL USE PERMITS
FOR
Jacob Holdm'gs of StiRwater LLC
Planners File No. 798-- 02- 03 -.12 & 06.01
Legal Description. See Exhibit A. (PIN#33-030-20.43.0057)
Site Address: 14738 60th St. North, Stillwater, MN 55082
Applicant: Jacob Moldings of Stillwater LLC
Address: 504 Ford Road
Minn eapolis, MN 55426
Fee owner: Erickson Post,- inc.
715 Florida Ave So/ S`A'E
Minn eapolis MN, 55402
Present ,honing District. B-2. General Business
Conditional uses set forth in ordinance 401 Section 401.30 E.
L
1=1
Date Issued December 9„ 2003
Amended April 25, 2006
CONDITIONAL USE 'PERMIT FOR: Auto sales lot, (Conversion vary sales) accessory to .principal auto
sales lot and related automobile sales and service business
PRINCIPAL BUSS S AND RELATED PROPERTIES!.
Main Dealership -14702 60th St. Nam, . Stillwater, MN' 55482 (PIN# 33.030.20.43.0042)
Additional Lot -offsite parking and open and outdoor storage (PIN#3 3.03 0.20.43.003 8)
Related Variances and Conditional Use Permits Granted:
1. Amended Variance and. Conditional Use Permits for Routs-on Motors issued October 23, 2001 and
amended Januarys 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 Cit finds that the project is consistent with the conditional use permit criteria found in Section
401.30Y of the .honing Ordinance.
2.
2. The subject property at 1 8. 60 # Street North be combine with the main dealership property at 1 4702
601h Street North in compliance with Section 402, the Subdivision Ordinance. The lot combination shall
completed within 3 0 da s following the remediation and cleanup of the lot at 14738 60 Street North
be comp � g
from the contamination and certification by the MPCA on the cleanup project acknowledging closure on
the project.
3. No repair work or servicin g of vehicles shall be allowed on the subject property at 14738 60 Street
Forth.
4. No signage shall be allowed on the subject property at 14738 60' Street North. The existing signage on
the canopy shall be removed wiffi n 30 days following City Council approval of the conditional use
permit.
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 Engineer. The parking lot and required: landscape- hnprovements shad be
completed no later than December 31, 2008.
6. The grading and drainage plan shah be subject to review and approval of the City Engineer.
7. The applicant shall keep open the driveway access to Osgood Avenue and the highway 36 fro road.
8. A landscape plan shall be submitted by the applicant, subject to review and approval- of the City
Ar orist.
9. The applicant shall submit a revised lighting photometric plan with all she lighting subject to resew and
approval by the City.
10. Fight shields shah be installed on the under canopy lights by January 15, 2004.
l 1. 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 14,702 60'' Street N- rth and the subject property at
14735 60 Street North.
12. 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
1473860 th Street North.
13. The building shall be inspected by the Building oci
ffial to determine if a building permit is necessary for
the completed improvements.
14. Written documentation of closure is provided by the MICA related to the contamination issues at 1473
60 Street North.
15. Architectural lighting on the existing building at 14738 6e 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 14702 60' Street North. Four parking stalls shall
be dedicated for customer parking at the subject site at 14738 60 Street North. one vehicle shall be
allowed per designated parking stall throughout the lot.
17. The applicant shall submit a revised site plan for the main dealership property at 14702 60th 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 ffi Street North shall be brought into conformance
with. the City's Sign ordinance found in Section 401.15.G of the Oak Park Delights Zoning ordinance no
later than October 1 5, 2008.
19. All lighting, including futures and photometrics, at the main dealership properW at :14702 60th S
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.
20. The applicant shall submit a development application by December 31, 2008 to the City for a new
dealershi p buildm* g and site ixn rovements that inc °l'udes the properties at 14702 60 Street North and
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 toW cost of tl e: hnpr ve e a
satisfy the conditions of the conditional use permit granted for the subject property. on, December 9,
2003.
21. The applicant shall complete- the conditions of the- conditional use pmt granted for the subject property
on December 9, 2003 no later than December 31, 2008.
21 If neither of the above stated conditions are complied witb, the applicant .shall remove all of the vehicles
from the ro at 1473 8 60 Street North and cease all car dealership operations at that site no later
p pe � p �
than December 31, 2008.
IN WITNESS WIFIERE OF, the parties have set forth their hands and seals.
Date:
C1 OF OAK P : IGHT
i
IA �
1 #&■ #` ■
Date: �*_1 /"0 ('�, By
uric Johnson
City Administrator
Jacob Holdings of Stillwater LLC
Date: j'Z`�'� By
EXHIBIT A
LEGAL DESCRIPTION- (former Service Station Site)
All that p art of Blocks 5 and 8 and all that part of Vacated willim St, adjacent to said Blocks, of
-
the Plat of Summit Park, as the same is on file and of record In the Office of the Register of Deeds in and for
Washington Co,,, Minnesota, more particularly described as follows, to -wit. Co at the intersection of
the centerline of the Vacated Myron St. with the westerly Iine of South 4 t h Street of the Plat of Summit Park,
Minnesota, thence South aloe said westerly line of South 4 Street on an assumed bearing
Washington County, g
of SO' 15' 20 "E for 213.30 feet to the point of beginning of this description; thence N8 9 ° 5 4' 5 7 "w, parallel with
.00 feet; thence SO' 15'20"E, E
said centerline of Myron St. for 1$1 , arallel with said westerly line of South 4 St. P
for 160.46 feet to its intersection with the new proposed right -of- -way of Minn. Hwy. 212; thence N59 °04'36 "E
along proposed said new right -of moray of Minn. Hwy. 212 for 82.5 5 feet; thence N72 °21' 15 "E along said new
proposed r ght -of way of Minn. Hwy. 212 for 115.26 feet to said westerly line of South 4 "' St.; thence
NO° 15'20 "w along said westerly line of South 4 th St. for 82.83 feet to the point of beginning.
Containing 0.50 Acres, more or less.
Subject to an easement for ingress and egress over and across the West Twelve (12) feet of the
Easterly One Hundred Eighty -one (181) feet of the Southerly One Hundred Sixty and Forty -six Hundredths
(160.46) feet of Blocks dive (5) and Eight (8) of Summit Park to the Westerly driveway located on the South
line to the frontage road of Hwy. 212/36.2
,��c - i T.S. ►C.
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City of Oak Park Heights
14168 Oak Park Blvd. N •Box 2007a Oak Park Heights, MN 55082 •Phone (651) 439 -4439 •Fax (651) 439 -0574
June 1, 2006
Mr. Dan Bovin
Meshbesher and Spence, LTD
1616 Park Ave.
Minn eapolis, MN 55404
RE: 14738 60' Street North — Former Amoco Site.
Dear Mr. B ovin,
For your information,) have provided you with a certified copy of the recently executed CUP document
between the City and your client. Please let me know if you have any questions. The City will be recording
the original.
Cc:
Mark vierling
Planning File