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Home My WebLink About06-12-08 PC Recommending ResolutionA RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY Or OAK PARIS HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY JACOB HOLDINGS OF 60 STREET LLC AND JACOB HOLDINGS OF OSGOOD AVENUE LLC FOR AN AMENDED CONDITIONAL USE PERMIT RELATIVE TO REVISING THE CONDITIONS OF THE APRIL 25, 2006 CONDITIONAL USE PERMIT FOR THE AUTO SALES LOTS AT 14702 AND 14738 60 STREET NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Jacob Holdings of bo Street LLC and Jacob Holdings of Osgood Avenue LLC for an amended conditional use permit relative to revising the conditions of the April 25, 2006 conditional use permit for the auto sales lots at 1 4702 and 1 473 8 Go Street North; and after having conducted a public hearing relative thereto, the Planning Commission of oak Park Heights makes the following findings of fact: follows, to wit: and I. The real property affected by said application is legally described as SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items and SEE ATTACHMENT B 3. A conditional use permit was approved by the City Council at their April 25, 2006 meeting with amendments to the conditions of the original conditional use permit granted on December 9, 2003; and 4. The applicant has requested an amendment of the conditional use permit to extend the timeline for conditions to December 31, 2009, allowing for a new Ford dealership to be constructed in the oak Park Station at 58"' Street and Highway 5 and the properties at 14702 and 1473 8 both Street North to be redeveloped; and 5. City staff prepared a planning report dated June 5, 2008 reviewing the amended conditional use permit; and 6. City staff recommends in the June 5, 2008 planning report that the request be approved with conditions; and 7. The Planning Commission held a public hearing at their June 12, 2008 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: Now, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Jacob Moldings of 60 Street LLC and Jacob Holdings of Osgood Avenue LLC for an amended conditional use permit relative to revising the conditions of the April 25, 2006 conditional use permit for the auto sales lots at 14702 and 14738 60 Street North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of oak Park Heights for approval with the following conditions: 1. A cash deposit in the amount of $50,000 be submitted to the City 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 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. 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, 2009. 6. No repair work or servicing of vehicles shall be allowed on the subject property at 1473 8 60 Street North. 7. No signage shall be allowed on the 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 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. 2 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 subunit 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 1 4738 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 arkin p g 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 signage at the main dealership property at 14702 6o 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 60 Street North, shall be brought into conformance with the City's lig htin g y � g 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 bo Street North and 14738 60 Street North. The a pp re applicant shall be required to post a q 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. Recommended by the Planning Commission of the City of Oak Park Heights this 12` day of June 2008. .hael Lilj egren, Chair 11 ATTACHMENT A Amended Conditional Use Permit For Jacob Holdings of 60 St. LLC & Jacob Holdings of Osgood Ave. LLC Relative to Revising Conditions of April 25, 2006 CUP For Auto Sales Lots at 14702 60th St. N. & 14738 60th St. N. Physical Address: Washington County GEO Codes: Physical Address: Washington County GEO Codes: 14702 60 St. N. 33-030-20-43-0038 33-030-20-43-0042 14738 60 St. N. 33-030-20-43-0057 Legal Description: Attached Parcel 1: - ��p - / , y -/& , � 6 �X- & Block 4 Summit Park, Washington County, Minnesota, excepting therefrom the Bast 362.50 feet thereof. Together with the South One - /-Half of vacated Clara Street lying between the West line of South Fourth Street and the East line of Meridian Street, now know as Oren Avenue, except the East 362.50 feet thereof. (Torrens Certificate of Title No. 55715). P/A ? 39 - 0-30 00:3 F Parcel 2: Ayl. • i ,I a pi.d / L. U t a-5_.and.._.8,�ummit_Pa -rk ex- e p.tiho-E ast & I-ftd-thrIeo. fexc-ept -lhat_padAaken-foxhig also together with vacated Willim Street and the South Half of vacated Myron .Street accruing thereto, together with -an easement for ingress and egress over and across the Westerly driveway located on the East 181 feet of said Blocks 5 and 8 of Summit Park Washington County, Minnesota. (Abstract) 811 @ 'V QL OU I I I I il I L F cU &, VY Ubi I I i I , Parcel 4: 6 /c� A ma e di 4-4 - Ail 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 4"' Street of the Plat of Summit Park, Washington County, Minnesota, thence South along said Westerly line of South 4 St. on an assumed bearing of South 0 degrees 15 minutes 20 seconds East for 213:30 feet to the point of beginning of this description; thence North 89 degrees 54 minutes 57 seconds West, parallel with said Genterline of Myron St.-for 181.00 feet; thence South 0 degrees 15 minutes 20 seconds East, parallel with said Westerly line of South 4 St. for 1 60.46 feet to its intersection with the new proposed right-of-way of Minn. Hwy. 212; thence North 59 degrees 04 minutes 36 seconds East along said new proposed right-of -way - of Minn. Hwy. 212 for 82.55 feet; thence North 72 degrees 21 minutes 15 seconds - East along said new proposed, right - ray of Minp Hwy 212 for- 115.26 feet to said Westerly line of Soutk 4th St.; thence North 0 degrees I`5 m inutes 20 seconds 'Lest along said Westerly line of South: 4' St. for 82:53 fee to the .point of beginning. Except that part of Block 5, Summit. Park, according to the plat on file in the - office of the County Recorder, Washington County; Minnesota described as follows: _ Commencing at the Northeast corner of said Block 5; thence South 01 degree 00 minutes 33 seconds East, assumed bearing along the East line of said Block 5 a distance of 181.30 feet to the South line of the North 181.30 feet of said Block 5; thence South 89 degrees 19 minutes 13 seconds West along said South Iine 103.52 feet; thence South 82 degrees 26 minutes 25 seconds East 16.70 feet to the South line of the North 183.30 feet of the Block 5 and the point of beginning; thenoe continue South 82 degrees 26 minutes 25 seconds West 61.29 feet to the West line of the East 181.40 feet of said Block 5; thence North 01 degree 00 minute4 33 seconds West along said West line 7.34 feet to said .South line of the North 183.30 feet of said Block 5; thence North 89 degrees 19 iminutes 13 seconds East along said South line 64.90 feet to the point of beginning. TIV] That part of Block 5, Summit Park, according to the plat on file in the office of the County Recorder, Washington County, Minnesota described as" follows: Commencing at the Northeast corner of said Block 5; thence South 01 degree 00 minutes 33 seconds East, assumed bearing, along the East line of said Black 5 a distance of 181.30 feet to the South line of the North 1.8130 feet of said Block 5 and the point of beginning; thence South 89 degrees 19 minutes 13 seconds West along said South line 143.52 feet; thence South 82 degrees 26 minutes 25 seconds West 16.70 feet to the South of the North 183.30 feet of said Block 5; thence North 89 degrees 19 minutes 13 seconds East along said South line 120.10 feet to said East line of Block 5; thence -North 01 degree 00 minutes 33 seconds West along said East line of Block 5 a distance of 2.40 feet to the point of beginning. (Abstract) (The description of the land constitutes a split of an existing tax parcel. The approval of the - appropriate municipality and/or the Registrar of Titles, if necessary, for that split must be obtained and submltted to the Company for examination and possible further requirements at least two working days prior to the closing. The real estate taxes for the entire year in which a tax split takes place must be paid in full.) PlAf V� :33 Ao Yq - ATTACHMENT B Amended Conditional Use Permit For Jacob Holdings of 60 St. LLC & Jacob Holdings of Osgood Ave. LLC Relative to Revising Conditions of April 25, 2006 CUP For Auto Sales Lots at 14702 60 St. N. & 14735 60 St. N. Application Materials 0 Application Form 0 Fees ® Written Narrative and Graphic Materials Explaining Proposal 0 Mailin g List from Washington County (3 5 0'/ 15 0' from subj ect property) 0 Proof of ownership or Authorization to Proceed 0 Property Tax Statements )/Legal Description(s) Planning Commission Public Hearing: June 12, 2008 Required Approvals: CUP City Council 415 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zonin g Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b)