HomeMy WebLinkAbout06-05-08 NAC Planning ReportENCLOSURE 2
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 plannersPnacplanning.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: June 5, 2008
RE:
FILE NO:
BACKGROUND
Attached for reference:
Exhibit 1:
Exhibit 2:
Exhibit 3:
APPLICANT'S REQUEST
Oak Park Heights Conditional Use Permit Amendment for
Dealership at 14702 and 14738 60 Street North
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.
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 dealership 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
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 clean up of the lot at 14738 60 Street North
from the contamination and certification by the MPCA on the clean up project
acknowledging closure on the project.
We have finally closed with the sellers of the old Amoco site at 14 738 60 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
2
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.
6. The grading 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 shalt 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
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
1 4738 60 Street North.
Agreed.
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 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.
3
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 60th 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. Alt 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 lighting, 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.
4
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 1 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
1, 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.
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 signage shall be allowed on the subject property at 14738 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
5
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 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
14738 60 Street North.
14. 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.
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. Alt 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.
18. All lighting, including fixtures and photometrics, at the main dealership property at
14702 50 Street North, shall be brought into conformance with the City's lighting
6
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
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.
7
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
would like to outline what we believe the status of each condition.
DENNY HECKER'S AUTOMOTIVE GROUP, INC.
500 FORD ROAD
MINNEAPOLIS, MINNESOTA 5 5 4 2 6
952•512.8898
FAX 952.512.8945
800'426'6918
EXHIBIT 1
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 finally 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 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 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.
Please inform me if there is anything we need to submit for such a request.
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
chuldt
ne No. 612 703 2706
ail: jgschu1dtdennyhecker.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.
Planners File No. 798 -02 -03.12 06.01 Date Issued December 9,, 2003
Amended April 25, 2006
Legal Description: See Exhibit A. (PIN#33.030.20.43.0057)
II itiAkocc O
Site Address: 14738 60th St. North.,, Stillwater, MN 55082
Applicant: Jacob Holdings of Stillwater LLC
Address: 500 Ford Road
f Minneapolis, MN 55426
Fee O vncr: Erickson Post, Inc.
715 Florida Ave So/ STE
Minneapolis MN, 55402
Jacob Holdings of Stillwater LLC
Present Zoning District: B-2, General Business
CITY OF OAK PAIN HEIGHTS
AMENDED
VARIANCE AND
AMENDED CONDITIONAL USE PERMITS
FOR
Conditional uses set forth in Ordinance 401 Section 40130 E.
L CONDITIONAL USE PERMIT FOR: Auto sales lot, (Conversion Van sales) accessory to pr iicipal auto
sales lot and related automobile sales and service business
11. PR CJ PAL BUSINESS AND RELA'T'ED PROPERTIES:
Main DealeTslnp -14702 60th St. North, Stillwater, MN 55082 3 3.03 0.20.43.0042)
Additional Lot offsite parking and open and outdoor storage 3 3.030.20.43.03 8)
Related Variances and Conditional Use Permit tented-:
Certified to be a
true and correct copy
of the original.
1. Amended Variance and Conditional Use Permits for Routson Motors issued October 23, 2001 and
amended January 22, 2002.
111. 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 is Section
401.30.E of the Zoning Ordinance. Wo c. o rn t e t
2.
2. The subject property at 1413.8 60 Street North be combined with the main dealership property at 14702
60th Street North in compliance with Section 402, the Subdivision Ordinwnee. The lot combination shall
be completed within 30 days following the renediation and cleanup of the lot at 14738 6e Street North
from the contamination and certification by the MPCA on the cleanup project acknowledging closure on
the project. e.x4 tid 4 lo
3. No repair work or servicing of vehicles shall be allowed on the subject property at 14738 60 Street
p g
North. v L.
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. me (t, cd
5. The applicant shall submit a revised site plan indicathig 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, 2008. 4 exia fo 14 v
6. The grading and drainage plan shah be subject to review and approval of the City Engineer. c x
ad 5
7. The applicant shall keep open the driveway access to Osgood Avenue and the Highway 36 frontage road. o
8. A landscape plan shall be submitted by the applicant, subject to review and approval of the City
Arborist. c e d 40 1 :(l q
9. The applicant shall submit a revised lighting photometric plan with all site ling subject to review and
approval by the City. c c 4 1a1 (1 a 9
10. Light shields shall be installed on the under canopy lights by f anuary 15, 2004. (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 pagan. system, a hand held paging system shall
be implemented at the main dealership property at 14702 60m Street North and the subject property at
14738 60 Street North.
12. The site plan shall designate, and the applicant shill 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. &ie-ke re Op,d ,fir
13. The buildin g shall be inspected by the Building Official to determine if a building permit is necessary for
the completed improvements. c o ►rte i t i_ e eL
14. Written documentation of closure is provided by the MP CA related to the contamination issues at 14738
60 Street North. clew it-
15. Architectural lighting on the existing building at 14738 60 Street North shall be dimmed at night to a
g
level that is acceptable to the City. d o e..
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. I'. 11 i•:•i. h 3 -ii .11
be dedicated for customer arkin at the treet North. One vehicle shall be
we ot. c.4 4 ,4 t
1&u' h I:.
17. applicant plan a licant shall submit a revised site 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. qz.K-fed I I.! ode)
18. All si a e at the main dealership property at 14702 60 Street North shall be brought into conformance
g
with the City's Sign Ordinance found in Section 401.15.0 o f the Oak Park Heights Zoning Ordinance no
later than October 15, 2008. be Q 0 #06
19. All lighting, including futures and photonietrics, at the maki dealership property at 14702 60th Street
North, shall be brought into conformance with the City's lighting requirements found in Section
401.15 J3.7 of the Oak Park Heights Zoning ordinance no later than December 31, 2008.e... A4.,l e 3t
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 6O Street North and
g im p
14738 60 Street North. The applicant shall be required to post a Cash or Letter of Credit security
satisfactory to 'the—city staff vith the development application for the total cost of the involvements to
satisfy the conditions of the conditional use permit granted for the subject property on Deemb 9„
2003. �.K .1-.Aucf 4-0 -h' I o S
21. The applicant shall complete the conditions. of the conditional use permit granted for the, subject
on December 9, 2003 no later than December 31, 2008. e.yy- 4 D i31 /o
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. #a /.218//6
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
Date: By
Date: By
Date: 5` 2 '"'G tk
By
David audet, Mayor
a is Johnson
City Administrator
Tie-s f devn.{
GHTS
Jacob Holdings of Stillwater LLC
EXHIBIT A
LEGAL DESCRIPTION- (former Service Station Site)
part that part of Blocks 5
and 8 and all that art of Vacated Willim St, adjacent to said Blocks, of
same is on file and of record in the Office of the Register of Deeds in and for
the Plat �f Summit Park, as the intersection of
Minnesota, more particularly described as follows, to-wit: Commencing at the inters
Washington Co,, 4 of Summit Park,
the Vacated Myron St. with the westerly line of South Street of the Plato
the centerline
wWashington County, Minnesota, thence South along n said westerly line of South 4 th Street on an assumed bearing
of So 15' �0 E point for 213.30 feet to the oint of beginning of this description. thence N8 n 54 57 "W parallel with
said centerline of Myron St. for 1 .00 feet; thence S0°15'20 "E, parallel with said westerly line of South St.
eet;
its with the new proposed right-of-way for 1 �0.4G feet to its intersection. of Minn. Hwy. 212; thence N5 9 04'3 6 "E
ht -of way of Minn. Hwy. 212 for 82.55 feet; thence N72 °21' 15" E along said new
along sand new proposed rig y
proposed right-of-way Hwy. Minn. H 212 for 11 5.26 feet to said westerly line of South 4 th St.; thence N0 15 20" w along said westerly line of South 4 St. for 82.83 feet. to the point of beginning.
g westerly
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 Cane Hundred Sixty and Forty -six Hundredths
(160.46) feet of Blocks Five (5) and Ei t (8) 'of Summit Park to the Westerly driveway located on the South
line to the frontage road of Hwy. 212/36.2
4,fij 1\114-16
NOTICE OF CERTIFICATION
STATE OF MINNESOTA
COUNTY OF WASHINGTON ss.
CITY OF OAK PARK HEIGHTS
Amended Variance and Amended Conditional Use Permits
For
Jacob Holdings of Stillwater, LLC
(ATAC File No's. 798.-2-03.12 and 06.01)
WITNESS my hand and the seal of the City of Oak
City A
on
strator
11
1
1
11
3591699
1
1
1
1
1
1
Office of the
County Recorder
Washington County, MN
Certified filed and/or recorded on:
2006/06/21 12:11:00 PM
3591699
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.
igh s, this istday of June, 2006.
EXHIBIT 2
1 1
1
1
Cindy Koosmann
County Recorder
1
1
11
Legal Description see Exhibit A. (PIN #33.030.20.43.0057)
Planners File No. 798-02-03.12 06.01 Date Issued December 9 2003
Amended April 25, 2006
Pee owner: Erickson Post, Inc.
715 Florida Ave So/ .S TE
Minneapolis MIN, 55402
CITY OF OAK PARK HEIGHTS
AMENDED
VARIANCE AND
AMENDED C4NDPI'IQNAL USE PERMITS
FOR
Jacob Holdings of Stillwater LLC
Site Address: 14738 60th St. Norte Stillwater, MN 55082
Applicant: Jacob' Holdings of Stillwater LLC
Address: 500 Ford Road
Minneapolis, MN 55426
Present Zoning District: B -2, General Business
Conditional uses set forth in ordinance 401 Section 40130 E.
I. CONDITIONAL USE PERMIT 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 PROPERTIES:
Main Dealership- 14702 60th St. North, Stillwater, M1 55082 (PIN# 33.03.0.20.43.0042)
Additional Lot -offsite parking and open and outdoor storage (P1N#33O3�2O.43MO38)
Related Variances and Conditional Use Permits Granted
L Amended Variance and Conditional Use Permits for Routson Motors issued October 23, 2001 and
=ended .lance 22, 2002.
111. ADDITIONAL RESTRICTIONS AND PROVISIONS.
Approval of a Conditional Use Permit upon the subject site is subject to the following conditions:
1. The City fords 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 60th Street North be combined with the main dealership property at 14702
60th Street North in compliance with Section 40.2, the Subdivision Ordinance. The lot combination shall
be completed leted within 30 days. following the remediation and cleanup of the lot at 14738 60 Street North
p 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.
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 Engineer. The parking lot and required landscape- i nprovements 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 access 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
Arborist.
9. The applicant shall submit 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 replacement of the external the main d paging, system, a hand held paging system. shall
be implemented at te man ealership, property at 1470.2 60th Street. North and the subject :ro :e
.1 p P at
�Y
14738 6O 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
14738 60 Street North.
13. The building shall be inspected by the Building Official to determine if a building perrnit 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 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 14702 60t Street North. Four parking stalls shall
be dedicated for customer parking at the subject site at 14738 60 Street North. One vehicle shall be
J
allowed per designated parking stall throughout the lot.
17. The applicant shall submit a revised site plan 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. Ali 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 w 15.6 of the Oak Park Heights Zoning Ordinance no
later than October 15, 2008.
19. All lighting, including fixtures and photornetries, at the main dealership property at 147€ 2 both Street
North, shall be brought into conformance with the City's lighting requirements found in Simon
401.15.3.7 of the Oak Park Heights Zoning ordinance no later than December 31, 2008.
20. The applicant shall submit a development application by December 3.1., 2008: to the City for a new
dealership building and site improvements that includes the properties at 14702. 60 Street North and
dealership g 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 cos of the impravementa.
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 permit y d for the eject
on December 9, 2.003 n o l a t e r than D cem 31, 2008
22. If neither of the above stated conditions are complied with 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 WHEREOF, the parties have set forth their hands and seals.
Date: By
Date: ‘,-/-0 By
Date: 5 "Ob
CI OF OAK P IGHTS
David audet, Mayor
1
ric Johnson
City Administrator
Jacob Holdings of Stillwater LLC
EXHIBIT A
LEGAL DESCRIPTION- (former Service Station Site)
f Blocks 5 and 8 and all that part of Vacated Willi m St. adjacent to said Blocks, of
Lib All that part o P
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
more particularly described as follows, to-wit: �o t Minnesota, m.o- wit: Commencing at the intersection of
Myron St. with the westerly line of South 4 of the Plat of Summit Park,
the centerline of the Vacated
Washington County, Minnesota, thence South along said westerly line of South 4 th Street on an assumed bearing
15' feet to the point of beginning of this description: thence N89 °54'57 "ALT, parallel with
of S0 15 Z0 E for 213.30 f p g g
said centerline of Myron
St. for 181.00 feet; thence S O° 15'20 "E, parallel with said westerly line of South 4 St.
for 160.46 feet to its intersection proposed with the new osed right -of way of Minn. Hwy. 212; thence N5 9 °04'3 6 "E
p
osed right-of way of Minn. Hwy. 212 for 82.55 feet; thence N72 °2 I' 15 "E along said new
along said new prop g
proposed right-of-way Hwy. wa of Minn. H w y 212 for 115.26 feet to said westerly line of South 4 th St.; thence
N0 1 5 '20" W along said westerly line of South 4 Ste for 8183 feet to the point of beginning.
g
Containing 0.50 Acres, more or less.
Subject ingress to an easement for in ress and egress over and across the West Twelve (12) feet of the
Hundred Eighty-one (181) feet of the Southerly One Hundred Sixty and Forty -six Hundredths
Easterly One I�u.n.
(160.46) feet of B locks Five (5) anad Ei Eight (8) of Summit Park to the Westerly driveway located on the South
gh
line to the frontage road of I-Iwy. 212/36.2
November 8, 2007
Minnesota Pollution Control Agency
520 Lafayette Road North I St. Paul, MN 55155-4194 I 651-296-6300 1-800-657-3864 I 651-282-5332 TTY 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 file.
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 pose a threat to public health or the environment under current conditions.
The MPCA reserves the right to reopen this file and to require additional investigation and/or
cleanup 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 nonpetroleum) 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 under 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
Department 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. Paul I Brainerd I Detroit Lakes f Duluth 1 Mankato Marshall 1 Rochester f Wfllmar I Printed on 100% post-consumer recycled paper
EXHIBIT
IVEr. :Jon --rf dg
r g e. :2
Please note that as a result of performing the you may be 'GJ' 1 7
'Petroleum Tank Release ease Com yens on Fund (Petfund) for partial :re bur
i
you have i ncur r e in investigating ing and cleaning up this petroleum tank release
administered by the Petroleum Tank Release Compensation Board (Petro Board) an d t
Min eso a n o Department �eT �e 7 i y
�J i.+u�v� more about who .r.5 yi k'��� re E"y k c�'c'i i%-:S. y x° a
the type of work that is eligible for reimbursement, and the amount of
please contact Petrofund staff at 651-297-1119 o r 1-800-638-041g s.
Sincerely,
y,
And
A.E:TH :acs
ddy
Pr. ect alter
a Petroleum .ere cation Program
Petroleum and Closed. Landfill e ti n
Section
Re ned a ion Division
cc: Eric Johnson, Administrative City Clerk, Oak Park Heights
Jeff Travis, Washington. County Solid Waste Officer
Consultant Donovan Hanna, DPRA
Mark Hoffman,, Minnesota Department of Health
Minnesota Department of Commerce Pet fund Staff
Dick Zimmerman, Erickson Post Acquisition Inc., Stillwater
Jean S e uld Denny Hecker Automotive Group, MN
Rernediation Division
If full re development of this prop erty or the surrounding area s paned, t should 3 v
that petroleum conta.� i�.��ation may stil be pr sent 4 contamination e� co .tte :.rd
s
F
during future development work, the MPCA staff should be notified immediate! y.
For C
or :specific information regarding petroleum e �.u� e n. i a .o that may y re p. i at this l A site,
please call the Petroleum Rdrn d ayi n grogram i e Request Program at 5 2 97. 4 The
MP CA fact sheet Request to Bill for Services Performed ust be completed prior to arranging
time for file review,
Thank you for your response to this petroleum tank release and for your eoopera on with the
MPCA to protect ublic health .nd. the environment if you have any questions regarding this
letter, please call me at 651-297-8594 or the site hydrogeologist Jim Perrino at 651,-296-
Tom Higgins --.r
Hydrogeologist
Petroleum m erred -ation -:arn
Petroleum and Closed Land l