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Home My WebLink About07-14-08 OPH Ltr. to Applicant Forwarding Documents for Signaturer • i .r pity of Oak Park Hel"ghts 14168 Oak Park Blvd, N e Box 2007. Oak Park Heights, MN 55082 `Phone (651) 439 -4439 •Fax (651) 439 -0574 July 1 2008 Ms. Barbara Jerich President of Automotive Dealerships Denny Hecker's Automotive Group 500 Ford Road Minneapolis, MN 55426 RE: Amended Variance and Amended conditional use Permit Dear fills. Jerich: Enclosed herewith you will find three copies of the Amended Variance and Amended Conditional use Permit as approved by the city Council on June 24th, 2008. Please execute each of the three documents where noted under Jacob Holdings of Stillwater LLC. Please mail these three copies back to my attention. The city will then similarly execute and have one copy recorded and I will mail you a final fully execufed original copy. a . ur n rro art asnurn n cis s w� voncumn. p W. I have enclosed a copy of the Letter of credit requirements; please have the LoC delivered not later than July �5n, 2008. Plebe J,et cg's �enoW if you have any questions. jnc( KKely, Wc Jo City inistrator Weekly NoteF Mark Vierling, city Attorney Julie Hultman, Planning File Jean Schuldt, Owner/Application Assistant Letter of Credit Requirements (minitnum requirements) Letters of Credit (LOC) being provided must meet the following minimum criteria naming the City as the secured party. The City of Oak Park Heights reserves the right to require additional criteria to ensure that the presented LOC adequately secure the interests of the City. variations from this sample may cause delay in the acceptance of the LOC by the City. * The LOC must be drawn on a bank. The LOC must be from a bank in the seven (7) county metro area and redeemable in the seven (7) county metro area. The bank must also submit a copy of their latest call report along with the LOC. o The bank the LOC is drawn must have assets of at least $25 million. The LOC must be for a minl'mum term of one (1) year, with a one year AUTOMATIC extension. * Partial draws on the LOC must be permitted. Draws on the LOC must not required the original copy of the LOO to be presented, copies of the original LOC are acceptable. The LOC must contain a provision allowing for drawing on the LOC if it is not reneged, or replaced, by sixty ( days prior to its maturity. The City reserves the right to request additional financial information the City deems appropriate from the bank providing the LOO. The City reserves the right to not accept a particular LOC. g Letters of Credit will not be accepted from a related company, i.e., parent company, subsidiary, etc. CITY OF OAK PARK HEIGHTS AMENDED VARIANCE AND AMENDED CONDITIONAL USE PERMITS FOR Jacob Holdings of Stillwater LLC Planners File No. 798 -02 -03.12 & 05.01 Legal Description: See Exhibit A. (PIN #33.030.20.43.0057) Site Address: 14738 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 Sol STE Minneapolis MN, 55402 Present Zoning District: B -2, General Business Conditional uses set forth in ordinance 401 Section 401.30 E. Date Issued December 9„ 2003 Amended April 25, 2006 2 ,d Amendment June 24, 2008 I. CONDITIONAL USE PERMIT FOR: Auto sales lot, accessory to principal auto sales lot and related automobile sales and service business II. PRINCIPAL BUSINESS AND RELATED PROPERTIES: Main Dealership- 14702 60th St. North, Stillwater, MN 55082 (PfN# 33.030.20.43.0042) Additional Lot - offsite parking and open and outdoor storage (PIN #33.030.20.43.0038) Related Variances and Conditional Use Permits Granted: I. Amended Variance and Conditional Use Permits for Routson Motors issued October 23, 2001 and amended January 22, 2002. Amended Conditional Use Permit April 25, 2006 111. ADDITIONAL RESTRICTIONS AND PROVISIONS. Approval of an Amended Conditional Use Permit upon the subject site is subject to the following conditions: Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. A letter of credit in the amount of $80,000 shall be submitted to the City, subject to the terms of the City Attorney, to be 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 December 31, 2009. 3. All exterior storage of tires, storage containers, equipment, and the wood garage structure shall be removed by August 1, 2008. A trash storage enclosure shall be installed by the applicant by August 1, 2008, subject to review and approval of City staff. 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, 2008. 6. No repair work or servicing of vehicles shall be allowed on the subject property at 14738 60 Street North. 7. No signage shall be allowed on the property at 1473 8 60"' Street North. 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 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 and Middle St. Croix Water Management Organization 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 lighting 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 1473 8 60 Street North. 14. Architectural g li htin on the existing building at 14738 60 Street North shall be dimmed at night to a lighting 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 e at the main dealership property at 14702 60 Street North shall be brought into conformance g g . . 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. A lighting, g p All li htin including fixtures and hotometrics, at the main dealership property at 14702 60 Street 18. North, shall be brought into conformance with the City's lighting requirements found in Section 401.15.13.7 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 dealershi p g p 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 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 any of the above stated conditions are not 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, 2009. 22. No parking of car transports or delivery trucks shall be allowed on the Highway 36 frontage road or on City streets. IN WITNESS WHEREOF, the parties have set forth their hands and seals. CITY OF OAK PARK HEIGHTS Date: is David B eaudet, Mayor Date: LODZ Eric Johnson City Administrator Jacob Holdings of Stillwater LLC Date: Its EXHIBIT A LEGAL llESCRIPTION- (former Service Station Site) All that part 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: Commencing at the intersection of the centerline of the Vacated Myron St. with the westerly line of South 4th Street of the Plat of Summit Park, Washington County, Minnesota, thence South along said westerly line of South 4 Street on an assumed bearing of S0° 15'20"E for 213.30 feet to the point of beginning of this description: thence N89 °54'57 "W, parallel with centerline of Myron St. for 181.00 feet• thence So° 15'20 "'E, arallel with said westerly line of South 4 St. said y � 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 said new proposed right -of way of Minn. Hwy. 212 for 82.55 feet; thence N72 °21'15 "E along said new p right-of- of Minn. H . 212 for 115.26 feet to said westerly line of South 0' St.; thence p � No° 15'20 "W, along said westerly line of South 41h 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 Five (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