HomeMy WebLinkAbout06-24-08 CC Meeting Packet EnclosureMeeting Date June 24 2008
Time Required: 10Minutes
Agenda placement New Bnsines,
Originating Department/1Z {.nest
Requester's Signature
Action Requested
t'J
Oak Park Heights
Request for Council Action
Agenda Item Title: Amended Conditional Use Permit —for Auto Sales Lots 14702 and 14738 60
Street N. (Jacob f folding of 60 Street LLC and Jacob Holdings of Qsgaod Ave, LLC.)
See below
Background /Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the enclosed from Scott Richards, City Planner
Eric Johnson, Cit Administrator
WCLOSUM',
1. Planner's Report (Dated June 5th, 200 8) (attachments can be found in the June 2008
Planning Packet)
Planning om fission Resolution (unsigned)
3 Proposed City Council Resolution
Page 51 of 94
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: June 5, 2008
RE: Oak Park Heights Conditional Use Permit Amendment for
Dealership at 14702 and 14738 60 Street North
FILE NO: 798.02 08.03
BACKGROUND
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.
Attached for reference:
Exhibit 1:
Exhibit 2:
Exhibit 3:
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
APPLICANT'S REQUEST
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 60th Street North. The Cadillac Pontiac GMC
dealership was moved to the former Ford site. The April 25, 2006 conditional use
Page 52 of 94
permit was based on the intent of the applicant to demolish the dealership at 14702 and
14735 60th 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 60th Street North be combined with the main
dealership property at 14702 60 i 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 60th Street North
y 9
from the contamination and certification by the iPCA 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 80th Street North.
No comment.
4. No subject signage shall be allowed on the property at 1 4738 60th 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 Page 53 of 94
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 shall 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
14738 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
Page 54 of 94
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 an the existing building at 14738 6O Street North shall be
g 9
dimmed at night to a level that is acceptable to the City.
Completed.
18. 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 50 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. All si na e at the main dealership property at 14702 60 Street North shall be
9 9
brought into conformance with the Citys y i Sign Ordinance found in Section
401.15.O of the Oak Park Heights Zoning Ordinance no later than October 15,
2008.
Being completed,
19. Ali lightin including fixtures and photometrics, at the main dealership property at
1 4702 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
at 14702 60th Street North and 14738 60th Street North. The applicant
properties
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
Page 55 of 94
Need an extension from December 31, 2008 to Deoen fiber 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 Deoer rberW 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 00 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:
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.
5, The subject property at 14738 00 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. The —lot
c e ri thew.rlo at- 4 -3 o t-reet-�Noi4.h..... fr em contaminatioR and
certifi- ation -by- the -1 r- G -A-- -o the-eiean....up- p.rojeot acl ewled9i-ng--- eios-ure-o ---the
project-
6, No repair work or servicing of vehicles shall be allowed on the subject property at
14738 00 Street North.
Page 56 of 94
property at 14738 60 Street North.
allowed on the subject ro
7. No s�gnage shall subject r� p
The....existin- -igna ew.e.n--- tie-- -e
anopy--- .s.h a i be-removed-within. within 0- --dads- ..fal- owt-n
Gity-C-o u•nciI a-pprov-aI -of the conditional -use per it
8 The pp licant shall submit a revised site plan indicating a 10 foot driveway and
parking p
arkin 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 arkin lot and required landscape improvements shall be
p
completed no later than December 31, 29989,
9. The grading and drainage plan shall be submitted to the cit and is subject to
review and approval of the City Engineer b December 31 2009.
10. The applicant shall keep open the driveway access to Osgood Avenue and the
pp p
Highway 36 frontage road.
11. A P
landscape plan shall be submitted by the applicant, subject to review and
approval of the City Arborist b December 31 2009.
12. The applicant shall submit a revised lighting photometric plan with all site lighting
l by the City by Decerrrber 3t .2009.
subject to review and approva y y
Light- shield -s-- sly- alb- --be- i -st-alled -on- the u nd canopy lig
13. The applicant is requested, but not required, to replace the exterior broadcast
pp re g
paging system with hand held paging systems. Upon replacement of the
9 9 y
external a in system, a hand held paging system shall be implemented at the
p 9 g s y
main dealership p p Y ro property at 14702 60 Street North and the subject property at
14738 60 Street North.
the....a.pplic -ant shall -suppl F -a total. -ef. four -off
9
stet... a-rkin stal-fs--- f-or ft3oyees and- ou-st0mer -s -at -leas# �-on.e..-of"which- -rust -be
p
di -abiiity- acss- tble-- on-the--s
object property. at 14438...60 th Street -N-o the
Th �b d n --s a ._be....i spect�ed�k y the utld i n ffi cis l�to Bete m i•ne...i f i4d in
permit is-- necessay- f- or- -tle- oo=pieted-- inp=overents:
-44
1 ritt ....doc -u m entation-- ----of --c-la u re_ s�...p rovid-edw....b -t he
contamination -i &sues at ---'I 47 8-60 -qtr- et--1 to h
lighting on the existing building at 14738 6O Street North shall be
14. Architectural 9 g 9 g
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
60 a in t-a-ll s-- h all- W- be�- ---ded i ted f r customer
14702 Street North. fur p r g s
Page 57 of 94
parking
at--- the._._subject site-at 14 '38 60t, Street ..North ....Ore vehicles-shall-be
allowed per-- -desig- nated._. pay =king- .sta1l...throughout the iot
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, 20089.
17. AM si na e at the main dealership property at 14702 60 Street North shall be
9 g
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 fighting, including fixtures and photometrics, at the main dealership property at
14702 60th 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, 20089.
19. The applicant shall submit a development application by December 31, 20089 to
the City for a new dealership building and site improvements that includes the
properties at 14702 60th Street North and 14738 00 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,_2.003June 24 2008.
20. The applicant shall complete the conditions of the conditional use permit granted
for the subject property on December 9,...._ 0O8-..June 24 2008 no later than
December 31, 20089,
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.
Page 58 of 94
follows, to wit:
and
and
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF AK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL T1IAT THE
REQUEST BY JACOB HOLDINGS OF 60"' STREET LLC AND JACOB
HOLDINGS OT OSGOOD AVENUE LLC FOR AN AMENDED
CONDITIONAL USA PERMIT RELATIVE TO REVISING THE
CONDITIONS OT 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 60 Street LLC and Jacob Holdings of Osgood Avenue I.A_,C; 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 14738 60 Street North; and after having conducted a
public hearing relative thereto, the Planning Commission of Oak Park Heights makes the
following findings of fact:
1. The real property affected by said application is legally described as
SEE A '1 TACI IME T
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
SEE ATTACHMENT 13
3, A conditional use permit was approved by the City Council at their April
25, meeting 2006 meetin 7 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 14738 60 Street North to be redeveloped; and
5. City staff prepared a planning report dated June 5, 2008 reviewing the
amended conditional use permit; and
Page 59 of 94
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 THIS CITY OF OAK PARK HEIGHTS THAT THE PLANNING
COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted 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
1
North and affecting the real property as follows:
SEE ATTACHMENT A
13e 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.
C. 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 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 Page 60 of 94
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 s 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 xe at the main dealership property at 14702 60t1 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 lighting
requirements found in Section 401.15.B.7 of the Oak Park (eights 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.
3 Page 61 of 94
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 (0 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.
ATTEST:
Erie A. Johnson, City Administrator
Michael Liljegren, Chair
4 Page 62 of 94
Physical Address:
Washington County GEO Codes:
Physical Address:
Washington County GEO Codes:
Legal Description: Attached
ATTACHMENT A
Amended Conditional Use Permit
For
Jacob Holdings of 60 St. LLC Jacob Holdings of Osgood Ave. LLC
Relative to Revising onditions of April 25, 2006 CUP
For Auto Sales Lots at 14702 60 St. N. 14738 60 fit. N.
14702 60 St, N.
33-030-20-43-0038
33-030-20-43-0042
14738 60 Si. N.
33- 030-20-43 -0057
Page 63 of 94
Pewtsoi
ACID
EXHIBIT A
Pate .1.,', i 6e'/rr�.� o reer I(
Pared
Bock 4, Summit Park, Washington County, Minnesota, excepting therefrom the East 362.80 feet thereof.
Together with the South Ore -Half of vacated Clara Street lying between the West line of South Potirth
Street and the Bast line of Meridian Street, now know as Oren Avenue, except the East 362.80 feet
thereof.
(Torrens Certificate of Title No. 55715). PEA/ i `*0.3o ,?o- -4)6
Parcel 2: dcf.. J,`0.4a,/ Lott
Al :.Black.s_...and.. ..Sumnut;. '.ark cept_ the. as ..$.1 _tea they 0.0 except_ hat_ rt taktalo_r_high ay
also together with vacated Willinn 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 Bloeks 5 and 8 of Summit Park, Washington County, Minnesota.
(Abstract) 1 /V,' O,Nb A coo
Parcel 4: 0/GI 19 0 M /V1,7'• 60 5/r9 7' dr~/
All that part of Blocks 5 and 8 and all that part of vacated Within 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
\'ash 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 litre 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 centerline of Myron St. for 181.00 foot; therioe South 0 degrees 15 minutes 20
seconds East, parallel with said Westerly line of South 4' St. for 1 60,4 6 feet to its intersection with the
new proposed right-of-way of lvMIOiz. 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 Bast along said new proposed right -of vay of MiI Hwy 212 for L15.26 feet to saki
Westerly line of South, 4th St; tb6riceNorth 0 degrees 15 minutes 20 seconds West along said westerly
line of South 4 St. for 82 :83 feet to the point of beginning,
:Except that part of Nook 5, Summit. Park, according to the plat on fill in the office, of the Coun€y�
Recorder, Washington County, Minnesota described as follows:
Cominencing 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 18130 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 line 10152 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; thence continue South 82 degrees 26
minutes 25 seconds West 61.29 feet to the West line of the East 181.00 feet of said Block 5; thence North
01 degree 00 minutes 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 minutes 13 seconds East along said South line
60.90 feet to the point of beginning.
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 oorner of said Block 5; thcric;e 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 and the point of beginning; thence South 89 degrees 19 minutes 13
seconds West along said South line 103,52 feet; thence South 82 degrees 26 tninutes 25 seconds West
1 6.70 feet to the South' line of the North 183.30 feet of said Block 5; thence North 89 degrees 19 minutes
13 seconds Last 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 Last line of Block 5 a distance of 2.00 feet to the point of beginning.
(Abstract)
(The description of the land constitutes a split of an existing tax parcel. Tho approval of the appropriate
municipality and /or the Registrar of Titles, if necessary, for that split must be obtained and submitted 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 roust be paid in fall.)
Page 64 of 94
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. 14738 60" St. N.
Application Materials
Application Form
Fees
Written Narrative and Graphic Materials Explaining Proposal
Mailing List from Washington County (3507150' from subject property)
Proof of Ownership or Authorization to Proceed
Property Tax Statement(s)/Legal Description(s)
Planning Commission Public Hearing: June 12, 2008
Required Approvals: CUP
City Council 4/5
Conditional Use Permit Lapse of Approval:
Unless the Cit y 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
Zoning Administrator not less than thirty (30) days before the expiration of said approval,
(401,03.C.4,a and b)
Page 65 of 94
RESOLUTION NOO,
C1TY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING P'INDING5 OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY JACOB HOLDINGS OF 60" STRICT LLC AND JACOB
HOLD!NGS OT OSGOOD AVENUE LLC FOR AN AMENDED
CONDITIONAL USA PERMIT RELATIVE TO REVISING THE
CONDIT1ONS OF THE APRIL 25, 2006 CONllIT10NAL USE PEI2MIT
FOR THE AUTO SALES LOTS AT 14702 AND 14738 60 T STREET
NORTH BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park heights has received a request from Jacob
Holdings of 60 Street LLC and Jacob Holdings of Osgood Avenue L LC for an amended
conditional use permit relative to revising the conditions Dille April 25, 2006 conditional use
permit for the auto sales lots at 14702 and 14738 60 Street North; and after having conducted a
public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that
the application be approved with conditions. The City Council of Oak Park heights makes the
following findings of fact and resolution:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2, The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
and
SEE ATr1'AClIMENT 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 14738 60 Street North to he redeveloped; and
5. City staff prepared a planning report dated June 5, 2008 reviewing the
amended conditional use permit; and
Page 66 of 94
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
recommended that the application be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLO WING:
A. The application submitted 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 Ap ril 25 l 2006 conditional use permit for the auto sales lots at 14702 and 14738 60 Street
North and affecting the real property as follows:
SEE AT T A. CH MINT
Be and the same as hereby approved by the City Council of the City of Oak Park Heights 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. 'Me subject property at 14738 60 Street North be combined with the main dealership
property at 14702 50 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 si gna ge shall be allowed on the property at 14738 60 Street North.
8. The applicant shall submit a revised site plan indicating a 1.0 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 Page 67 of 94
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
60t 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 6O 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. 'fhe 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 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 photornetrics, at the main dealership property at
14702 60t i Street 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 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.
3 Page 68 of 94
21. If any of the above stated conditions are not complied with, the applicant shall remove all
from the 1 Street North cease all A 3/ l•L dealership
V F �I �V i-
of the vehicles f om the property at 1473 8 60 Street North and cea� 1
operations at that site no later than December 31, 2009.
..`ZTE T:
Approved by the City Council of the City of Oak Park Heights this 24 day of June 2008.
Eric A. Johnson, City Administrator
David Beaudet, Mayo
4 Page 69 of 94
Physical Address:
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 60 St. N. 14738 Go St. N.
Washington County GEO Codes:
Physical Address:
Washington County GEO Codes:
Legal Description: Attached
14702 Got St, N.
33- 03O -2O -43 -0038
33-030-20-43-0042
14738 60 St. N.
33- 03O -2O -43 -0057
Page 70 of 94
E. ..t 1.k$J 1' A
Parcel 1: fl?
Block 4, Summit Park, Washington County, Minnesota, excepting therefrom the East 362.80 feet thereof,
Together with the South One-Half of vacated Clara Street bring between the West lire of South Fourth
Street and the Est line of Meridian Street, now know as Oren Avenue, except the East 362.80 feet
thereof,
(Torrens Certificate of Title No 55715). P/ w 030 t0 -'4 063 r
Parcel 2: i Are../ Lot
__.mil€ of.Mocks..5_.ared.4, ururnit_ Park .thereo. _.enep.t..that..part tai e iorkighw.a_y_;
also together with vacated Wi[lim 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
Bast 181 feet of said Blocks 5 and 8 of Summit Park, Washington County, Minnesota.
(Abstract) /IV 3 -00o- z o
(446t3
Parcel 4,
I taoP4 1,4,e 6o free dr
I
All that part of Blocks 5 and 8 and all that part of vacated V illirrt St. adjacent to said Blocks, of the Plat
of Summit Park., as the satne 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 tlae 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' 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; thenco North 89 degrees 54 minutes 57 seconds
West, parallel with said centerline of Myron St. for 181.00 foot; therice 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- of-Yay of Minp Hwy 212 for L15.26 feet to said
Westerly line of South. 4th St.; thence North 0 degrees 15 minutes 20 seconds West along said Westerly
line of South 4` St. for 82;83 feet to the point of beginning..
Except that part of dock 5, Summit Park, according to the plat on filg in the office of the County
Recorder, Washington County, Minnesota described as follows;
Commencing at the Northeast corner of said dock 5; thence South 01 degree 00 minutes 33 seconds
East, assumed bearing along the East line of said dock 5 a distance of 181.30 feet to the South line of
the North 18130 feet of said Block 5; thence South 89 degrees 19 minutes 13 seconds West along said
South line 103.52 feet; thence South 82 degrees 26 minutes 25 seconds East 16.70 feet to the South line
of the North 183 feet of the Block 5 and the point of beginning; thence continue South 82 degrees 26
minutes 25 seconds West 61,29 feet to the West fine of the East 181.00 feet of said Block 5; thence North
01 degree 00 minutes 33 seconds West along said West line 7.34 feet to said South in of the North
183.30 feet of said dock 5; thence North 89 degrees 19 minutes 13 seconds East along said South litre
60.90 feet to the point of beginning.
AND
That part of Block 5, Summit Park, according to the plat on file in the office of the County Recorder,
\Vashington County, Minnesota described as follows:
Cor finer :sing at the Northeast corner of said Block 5; thence South 01 degree 00 minutes 33 seconds
East, assuriied bearing, along the East line of said Block 5 a distance of 181.30 feet to the youth line of
the North 181.30 feet of said Block 5 and the point of beginning; thence South 89 degrees 19 minutes 13
seconds West along said South line 103.52 feet; thence South 82 degrees 26 minutes 25 seconds West
1630 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 Bast line of Block 5; thence North 01 degree 00
minutes 33 seconds West along said East line of Block 5 a distance of 100 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 submitted 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.)
,f/Ar 3 o
Page 71 of 94
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 6O St. N. 14738 Go St. N.
Application Materials
Application Form
Fees
Written Narrative and Graphic Materials Explaining Proposal
Mailing List from 'Washington County (350'/150' from subject property)
Proof of Ownership or Authorization to Proceed
Property 'Fax Statement(s) /Legal I)escription(s)
Planning orr mission Public Hearing: June 12, 2008
Required Approvals: CUP
City Council 4/5
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
Zoning Administrator not less than thirty (30) days before the expiration of said approval,
(401.03.C.4.a and b)
Page 72 of 94