HomeMy WebLinkAbout2006-04-25 CC Meeting Packet EnclosureMeeting Date Apii 25 2006
Time Required: 5 minutes
See Attached from Scott Richards:
Oak Park Heights
Request for Council Action
Agenda Item Title: JACOB HOLDINGS OF STILLWATER.1 LC FOR AN AMENDED
CONDITIONAL USE PERMIT
Agenda Placement New Business
Originating Department /Requ - o ' Eric o on City Administrator
Requester's Signature
Action Requested Consider ai i 'pprove with Conditions
Background /Justification (Ple$!e indicate if any previous action has been taken or if other public
bodies have advised):
1. Planner's Report ---- Dated March 2, 2006
2. MEMO from Scott Richards and related petroleum clean -up --.- Dated April 7
3. Planning Commission Resolution (Unsigned)
4. City Council Resolution
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: March 2, 2006
` Lots, oak Park Heights �- Auto Sales , 14738 60 Street North —
Amended Conditional Use Permit
FILE NO: 703.02 -- 06.01
ow representing Jacob Holdings of Stillwater LLC, has made an application
Bill Ramb , re
� � • �
an amended conditional use permit relative to the auto sales lot at 14738 60 Street
for n
North. Th e request e uest is to revise some of the conditions of approval for the conditional
use permit that was issued in December 2003. The applicant has asked for
amendments to these conditions in that they do not wish to make improvements given
Highway 36 bridge plans showing a taking of that area should the project
the MnDOT g y g p
proceed.
roceed. The applicant has also proposed a total redevelopment of the site as a car
dealership pending the final outcome of the Highway 36 plans.
A memo Attorney mo from the Cit Attorne dated January 26, 2006 addresses the original
conditions of approval and those conditions that the applicant has requested changes.
pp t their March 9, 2006
The Planning Commission should consider these changes at
representative . A resentative of Jacob Holdings will be there to provide additional
p
information regarding the request.
Please find the following attached information:
• January 25, 2006 Memo from Mark Vierling, City Attorney
• October 2003 Planning Report from NAC
• Preliminary Site Plan /Building Elevation Plan — New Automotive Facility
c: Mark Viet
NORTHWEST A SOC1ATED CONSULTANTS, INC.
4800 Oiscin M Morial HighWayr Suite 202, Gaiden Valle•,y, MN 55422
Telephone :: 763.231.2555 Facsimile: 763.231.2 :581 planners@nacplanning..com
3D
ATTUR-NEYS AT LAW
January 25, 2006
Planning Commission Members
c/o Eric A. Johnson •
City Administrator
City of Oak Park 1 eights
14168 Oak Park Boulevard North
P. O. Box 2007
Oak Park Heights, Minnesota 55082
Writer's Direct Dial:
(651.) 351 -2118
mvierling@eckberglammers.com
Re: Jacob Holdings of Stillwater, L.L.C. (Denny Hecker) Application to
Amend Conditional Use Permit
Dear Planning Commission:
. VED FEB 2 4. 2006
The City of Oak Park Heights issued a Conditional Use Permit to Jacob Holdings of Stillwater,
L.L.C. in December of 2003 relative to the Amoco service station adjacent to the Denny Hecker
dealership on the corner of Osgood and the north frontage road. The Conditional Use Permit was to
aloes parking on the former Amoco gas station site and the Council granted the Conditional Use
Permit, but appended to it a number of conditions. Those conditions are as follows:
1. The City finds that the project is consistent with the conditional use permit criteria found in
Section 40130.E of the Zoning Ordinance.
2. The subject property at 14738 60 Street North be combined with the main .dealership
ro erty at 14702 60 Street Noah in compliance with Section 402, the Subdivision
property
Ordinance. The lot combination shall be completed within 30 days following the City
Council approval of the conditional use permit.
3. No repair work or servicing of vehicles shall be allowed on the subject property at 14738 60
p g p
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.
EGKBERG, LA.MMER , BRIGGS, WOLFF 3 VIERLING, PLLP
Family Law 1 Divorce • Business and Commercial Law • criminal Law * Personal Injury 1 wrongful Death
9 Northwestern Avenue, Suite 110
Stillwater, Minnesota 55082
(651) 439-2878
Fax (651) 439 -2923
www.eckberglam mers.eom
James Lammers
Robert Briggs
Mark Vierling
Thomas Weidner
Susan Olson
David Snyder
Sean Stokes
Laura Oomagala
Joshua Christensen
Planning Commission
City of Oak Park Heights
January 25, 2006
Paget
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
improvements shall be completed no later than June 15, 2004.
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 subj ect 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 paging system, a hand
held p a g in gy implemented stern shall be im lemented at the main dealership property at 14702 60 Street North and the subject property at 14738 60 th 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 permit is
necessary for the completed imaprovements.
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 custorn and employee parking and 16 stalls
shall be dedicated for service at the main dealership property 4 .t 14702 60 Street North.
stalls shall be dedicated for customer parking parking p g at the subject site at 14738 60
Street North. One vehicle shall be allowed per designated paring stall throughout the lot,
3z.
Planning Commission
City of Oak Park Heights
January 25, 2006
Page 3
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
y
dis p la 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 requited landscape
improvements shall be completed no later than October 15, 2008.
18. All signage e 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,
19. All lighting, 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 th.e Oak Park Heights Zoning Ordinance no later than October
15, 2008.
As to the conditions approved, My understanding is that the applicant would like to ask the Council for
some modifications to those conditions. You will note that the City and the applicant had a dispute
over the permit, which the subject of a district court proceeding which is scheduled to be heard in a
preliminary hearing on March 31., 2006. The applicant is proceeding at this time to obtain amendments
to these various conditions set forth below and it is anticipated that if these conditions are successf lly
amended, that action will resolve itself.
The conditions that 1 am aware of that are desired to be modified are as follows:
A. Condition No. 5. The applicant was required to submit a revised site plan indicating 10 foot
setbacks, parking area setback, parking area,.vehicle display areas, and access drives with concrete curb
and gutter subject to review and approval of the City Engineer. Landscaping improvements were to be
completed no later than June 15, 2004. The applicant is seeking an amendment to this condition to
extend out the compliance date as they do not wish to make improvements with concrete curb and
gutter given the MnDOT Highway 36 bridge plans that show a taking and condemnation of the area
should that Highway 3 6/bridge project proceed, The applicant is asking for an extension to allow the
improvements relative to the concrete curb and gutter to be delayed until such time as there is a final
- 36/bridge determination from the City of Oak Park Heights with regard to Highway 3 6/br� g e prod ectlla y out
approval..
3. Condition No. 8 required the provision of a landscaping plan for the site. A landscaping plan in
a formal sense perhaps has not been submitted at this date and that too is the request from the applicant
to delay the submission.
C. Condition No. 14 required written documentation of closure to be provided by the 1/ PCA
related to a contamination issue at the Amoco site which was being remediated at the time of the
33
Planning Commission
City of Oak Park Heights
January 25, 2006
Page 4
Conditional Use Permit application originally in 2003. That remediation and final certification of the
site needs to come from the TAP CA and the City needs to obtain copy of that, 1 tar ust that the applicant
can submit detail on the status of that project so that that compliance issue can be dealt with.
D. Condition No. 15 required that architectural lighting on the building at 14738 — 60 Street
would be dimmed at night to a level that is acceptable to the City. The City Administrator is better
informed on that project and I know that this relates also to the fowler Amoco Building site and 1 Est
that that has been accomplished.
E. Condition No. 17, required the submission of a revised site plan for the main dealership of the
property, again requiring 10 foot driveway and parking setback with parking areas and drives
constructed with concrete curb and gutter. The applicant will request an extensioli of time on this
matter to coincide with the Highway 3 6/bridge project in the sane manner as was previously set forth
in this letter relative to Item Condition No. 5.
F. Condition No. 18 required that all signage at the main dealership be brought into conformance
with the City' s sign ordinance; however, there is a compliance performance date on that to be occurring
no later th.., ■c a■
G. Condition No, 19 required all lighting, lighting Mures and photometrics at the main dealership
property to be brought into conformance again with the City's zoning ordinance no later than October
15, 2008,
I trust that the applicant or their representative will have a discussion of the items that they wish to have
reviewed relative to this permit.
The purpose of this letter is to outline the issues as this office understands them to be so that the
Planning Commission can be inform. ed and proceed with an early discussion on the topic.
One of the attorneys
you should yo
Yours ve
M. k J. Vierling
1:..
MJV'Isdb
p0: Eric Johnson, City Administrator
office will be at that meeting to answer questions and to be available to
1
NORTHWEST ASSOCIATE: U LTANTS, .INC.
xx
s. RY F S�:'tjFV r•
Vim J
5775 Wayzata Boulevard. Suite 556, St, Louis Park, MN 5541
Telephone; 952_.595.9636 F . milea . 962.5 •planners nao ningaco •n
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: October 2, 2003
RE:
FILE NO: 798.02 - 03.12
BACKGROUND
Jacob Holdings of Stillwater LLC and Erickson Post Acquisition Inc. (landowner) have
made application for a conditional use to allow the use of the former Amoco site
at 14738 60th Streit North as a Conversion Van Cell The site is .adjacent to the
Denny Hecker's Cadillac, - Pontiac, and' GMC de6lership on 60th'Street North.
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Oak Park Heights - Denny Hecker's Conversion Van Center
(14738 60th Street North) Conditional Use Permit
• ••
•
A conditional use permit and variance.was granted to • the dealership in October of 2001
to allow the extension of the 'dealership to the north along Oren Avenuo North. The
variance was for the 10 foot parking setback requirements in that the two properties
were not combined. A variance was granted in January of 2002 to allow for illuminated
signs. on the front facade of the dealership's building.
The dealership has already occupied the site and made improvements to the building
and the former gas station canopy without prior City approval, The property exists as a
separate parcel. As part of this approval, the city will require the parcels to be
combined. The property is zoned B -2, General Business District. Automotive
dealerships are allowed as a conditional use in the B-2 District.
Attached for reference:
Site Survey
Site Plan
Sign plans
Project Narrative
Exhibit 5:
Exhibit 6:
Exhibit 7:
Photometric Plan
Proposed Canopy Light Shields
Memo from City Arborist
35
ISSUES ANALYSIS
Comprehensive Plan. The project area is designated as commercial on the Proposed
i ci retail, 1 and
Use Plan. The areas designated as commercial anticipate office ce n d
automotive related sales and service facilities as allowed by the respective zoning
district.
Zoning. The property is zoned B-2, General Business District in which open and
outdoor sale of motorized vehicles is a listed conditional use, Section 401 .03.E of the
Zoning Ordinance lists the conditions which must be reviewed as part of a request for a
new or expansion of an automotive dealership. The conditions will be reviewed later in
this report,
Lot Combination. The City will require the former Amoco station property at 14738
60th Street North to be combined with the existing Denny Hecker dealership at 14702
60th Street North. The sales staff for the Conversion Van Center offices out of the main
building, while administrative staff for the dealership utilizes the small building on the
subject site. The properties shall be administratively combined in conformance with
Section 401.15. B.4.d as a condition of this approval. The combination of the lots will
need to be confirmed once the property has been purchased by Jacob Holdings of
Stillwater LLC.
Site Plan /Buildings. The dealership proposes to utilize the site with few .changes to
the parking area, building, or existing canopy. The Amoco canopy remains with new
signage advertising the dealership (see Exhibit 3). Additionally, the underside of the
canopy contains lighting that is not full cut off and does not comply with the light
{4
. , requirements of, the zoning C rdinance. Tree app.lica'rt has proposed adding "shields to
surround''the "fixtui:es acid provide` conformance with Ordinance (
6).
The existin g g buildin is . 1 ,2,76 square feet and is located at the north edge of the
property. The building is a legal non - conformity in that the northeast corner. of the
structure is located approximately one foot from the property line. The required side
yard setback is 10 feet. No changes other than maintenance and painting have been
done to the building. In addition, no signage has been placed on the structure,
Sit Access. Two driveway accesses, one from Osgood Avenue and the other from
60th Street North, service the site. The access to Osgood Avenue has been blocked off
by the applicant with conversion vans. Additionally, site inspections have indicated that
the property contains too many vehicles which significantly restricts access into and
around the property. It is especially critical that emergency vehicle access be permitted
throughout the site. The site plan will need to be revised to allow for vehicle parking
areas with adequate area for access into and internal to the site.
The survey indicates a 12 foot ingress/egress easement that has been dedicated on the
west property line and a portion of Willim Street that is not vacated. The easement and
2
3 6
street should be vacated if no longer needed by the property owner or to serve adjacent
properties.
Setbacks. The driveways /parking areas of the Amoco and now the dealership was
not constructed with a 10 foot setbackllandscape area. In that this is a change of land
use and a conditional use permit, staff would require the site plan be revised to reflect
the 10 .foot setback. A landscape plan should also be prepared to indicate plantings
within the 10 foot area. considering the 'time of year this is being considered, the
applicant should be allowed to hold over these site improvements to next year, but have
them completed no later than June 15, 2004,
Parking. The existing building on the subject property at 1,276 square feet requires
four parking spaces for employees and customers. No service will be conducted out of
this location, thus no additional stalls are required, The site plan indicates 34 parking
stalls, one disability accessible stall and three featured display stalls. As indicated, staff
has recommended that the access to Osgood be reopened and a 10 foot setback be
required for all of the parking and driveway areas. The applicant will be required to
submit a new site /landscape plan that addresses the revised parking and access
driveways.
The main dealership building would require 47 stalls for customers and employees and
16 stalls for service.' When both lots are combined, a total of 67 parking stalls will be
required for customers, ,employees, and service. The existing parking lot and display
area has space for hundreds of vehicles.
Landscaping. The applicants have proposed no changes to the existing landscaped
areas adjaceht to. :the on the :subject .site. As indicated, it :is 'recommended. that
'the driveway :.and parking areass�be set back 1 Meet and appropriately landscaped. The
I shall be subject to review andrapproval Of the City Arborist,
•Si na g ex The apilicant has placed signage three f of the existing canopy.
J g
The south facade of the canopy has a total of 102,99 square feet of signage. The other
two facades have 44.37 square feet of signage each. In that the subject property is
required to be combined with the main dealer building, no signage will be allowed
on the canopy or the subject site. The dealership already has two pylon signs and wall
signs that adequately advertise the business. The existing signs on the main dealership
are over what is allowed by the Sign Ordinance. The signs that were placed on the
canopy without a variance or sign permit shall be removed within 30 days of approval of
the conditional use permit.
Lighting. The applicant has proposed shields on the existing canopy lights to comply
with the full cut off standards of the Zoning Ordinance, The photometric plan, found as
Exhibit 5, only indicates the light from the canopy. The applicant will provide a revised
photometric plan that indicates all site lighting. The lighting plans shall be required to
meet all requirements of the Zoning Ordinance.
3 7
Grading/Drainage, The grading and drainage of the site may change as a result of
the addition of setbacks and curb and gutter. The revised site and drainage plans shall
be subject to the review and approval of the City Engineer•
Zoning Ordinance criteria. Section 401.30,E of the Zoning Ordinance lists criteria
for review of vehicle dealerships. The review of these criteria is as follows.
a, Outside sales areas are fenced or screened from view of neighboring residential
uses or an abutting residential district in compliance with Section 401.15,E of this
Ordinance.
Comment: The lot is not abutting a residential district or residential uses,
b. Al! - lighting shall be hooded and so directed that the light source shall not be
visible from the public right-of-way or from neighboring residences and shall be in
compliance with Section 401.15,1.7 of this Ordinance.
Comment: The applicant shall provide shjelds on the existing canopy Iights. A
lighting plan shall be provided by the applicant that complies with the
requirements of the Zoning Ordinance.
c, Sales and storage area is blacktopped or concrete surfaced and all paved areas
are surrounded by concrete curbing.
Comment: The lot shall be reconfigured to be set back 10 feet and surrounded
by concrete curbing.
Thy ardhitectural,appearance,` :scale, construction: i ate'rials,. and 'functional plan
of the. building and site shall not be dissimilar to the existing nearby commercial
and, residential buildings, and shall not cause impairment in property values, or
constitute a blighting influence within a reasonable distance of the site.
Comment: The existing building and canopy are similar in appearance to
commercial buildings in the area.
e. Adequate analysis and provisions are made to resolve issues related to demand
for services. No use shall be allowed that wilt exceed the City's ability to provide
utility, police, fire, administrative, or other services to the site.
Comment: If adequate access is provided into and within the site, there should
be no service issues.
f, All islands in the parking lot shall be landscaped.
Comment: There will be no parking lot islands.
4
38
h. All automobile repair activities shall be conducted within the principal structure
and the doors to the service bays shall be kept closed except when vehicles are
being moved in or out of the service areas.
1. Facilities on a site contiguous to any residential district shall not be operated
between the hours of 10:00 PM and 6 :00 AM unless otherwise allowed by formal
action of the City Council.
J
A strip of not less than 10 feet shall be landscaped at the edge of all parking/
driveway areas adjacent to lot lines and the public right -of -way.
Comment: The landscape area shall be required,
Comment: There will be no repair activities on this portion of the dealership lot.
Comment: The site is not contiguous to any residential district.
Provisions are made to control and reduce noise in accordance with Section
401.15.8.11 of this Ordinance.
Comment: The dealership should not generate significant noise that would be in
violation of the Zoning Ordinance.
k. Vehicular access points shall create a minimum of conflict with through traffic
movement, shall comply with Section 401.15.F of this Ordinance and shall be
subject to .the approval of the City Engineer.
Corrirfief t.. The . two :existing access points . shall -remain open as. sugg6sted by
the City Engineer.. . .
1. A drainage system subject to the approval of the City shall be installed.
Comment. The City Engineer shall review all drainage plans resulting from the
installation of curb and gutter.
m. Ali signing and informational or visual communication devices shall be minimized
and shall be in compliance with Section 401.15.G of this Ordinance.
Comment: No additional signage shall be allowed on this portion of the
dealership lot.
n, The provisions of Section 401.03.A.7 of this Ordinance are considered and
satisfactorily met.
5
31
Comment: There should be no issues with the criteria for approval of a
conditional use permit found in Section 401.15.G. The Planning Commission •
should review the criteria in considering this application.
CONCLUSION AND RECOMMENDATION
Based upon the preceding review, City staff recommends approval of the request for a
conditional use permit for open and outdoor sales at 14738 60th Street North based
upon the following conditions:
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.
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 402,
the subdivision Ordinance. The lot combination shall be completed within 30
days following the City Council approval of the conditional use permit.
3. No repair work or servicing of vehicles shall be allowed on the subject property at
14738 80th Street North.
4. No signage shall be allowed on the subject property at 14738 60th 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 appl shall submit a revised site plan indicating.a .10 foot driveway..and
r :: parking area 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 June 15, 2004.
6, The grading and drainage plan shall be subject to review and approval of the City
Engineer.
T The applicant shall reopen the driveway access to Osgood Avenue.
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 December 15, 2003.
6
11, The use of an exterior broadcast paging system shall not be used on the subject
property at 1473.8 60th Street North or at the main dealership property at 14702
oath Street North.
12, The site plan shall designate 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 00th Street North,
13. The building shall be inspected by the Building official to determine if a budding
permit is necessary for the completed improvements.
14. The applicant shall research the 12 foot easement on the west property line and
Willim Street right -of -way. The applicant shall be required to vacate the
easements and right -of -way if required by the City Attorney.
15. Other conditions and requirements as specified by the Planning Commission,
City Council, or staff,
1.
MEMORANDUM
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
TO: Eric Johnson
FROM: Scott Richards
DATE: April 7, 2006
RE: Oak Park Heights — Auto Sales Lots, 14738 60th Street North
Amended conditional Use Permit
FILE NO: 798.02 — 06.01
Please find attached information regarding the clean up of the former Amoco site at
14738 60 Street North. The report from the environmental consultant indicates that a
clean up system will be installed on site and then operate for 12 to 18 months. The final
closure letter from the MPCA may take an additional 12 months.
Based upon this information, if a clean up system is installed by July 2006, the final
certification from MPCA could be completed by December 31, 2008. This may be the
target date the City should use for the amended conditional use permit.
Staff suggests that the Planning Commission consider three options for the applicant, all
three to be tied to �ecember 81, 2008:
1. Submit a development application to the City for new dealership building and site
improvements that includes the property at 14738 60 Street North.
comple the conditions of the conditional use permit that was granted for the
pr eft at 14738 60 Street North in December of 2003.
__Remove all of the vehicles from the property at 14738 6O Street North and
cease all car dealership operations at that site,
14 2.
City of Oak Park Heights
14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 * Fax (651) 439 -0574
March 31st, 2006
Mr. l3 ill Rambow
Denny Hecker Automotive 1 Jacob Holdings
500 Ford Road
St. Louis Park, MN 55446
RE: Former Amoco Site
Dear Bill,
This letter serves as a reminder to you that the Planning Commission delayed the further consideration of
your needed Conditional Use Permit Amendment(s) until they are provided detailed information regarding
the petroleum clean -up that is occurring at the site. To date the City has not been provided any additional
information.
Specifically they are looking for the following information and in some detail: What firm is performing the
work? What is the clean -up methodology, What is the timeline for completion?
As stated at the meeting, Planning Commission asked that this information be provided by the firm actually
performing the work, either in writing or in person at the April meeting to be held at 7pm on April 13
2006 at City Hall. If this information is to be provided in writing, must receive this information not later
than noon on Friday, April 7 2006.
Please let me know if you have any questions.
Sincerely,
Eric Johnson
City Administrator
Cc: Mark Vierling City Attorney
Scott Richards, NAC
Julie Hultman
Attorney Daniel Bovin
G v �
143
04/01/200G 14 :59 7E35450
Apr-04-a Apr-04-a O 1; Odom. Prom-DPRA inc.
. i � • � i 4 ■� �•�1:a5h1. y1, �y{
April 4, 2006
Eric Johnson
City Administrator
City of Oak Park Heights
14168 Oak Park Blvd N
Box 2007
Oak Park :1'1eights, MN 55082
Re: P ?troleum Relase v tigat ii /Ciean up Statnt:i
;Former Stl1l.w iti x Amoco
o
14738 60 stret North
Oak Park ,k oightm, Mirmesata
Vt.PCA Leal(# 14886
Dtar Mr. Johnson:
t ,
purpon of this ktter is to provide. you with status update rl gvrdang th.n petroleum release
investigoion at the e••ref : remccd. site, 0,8 r1.;;gtae8t:ed an your letter, to Bill Rarnl oW of Denny
,lXtcl.er Automotive: on Mardi 31, 2006.
. consultant ltant conductin tie petroleum i i asc rove ,9tigation. Impacted.
DPRA, �� the environmental � � �'
(/`'�'! � ��r� ��.�ir>< to
l rc �(1} at the site in the vicinity o: tile t'ormer undorgro nd storage tats. }
TJ����S�Y 1 Groundwater f , which cxlst$
at an approximate depth of 50 :feet. Gz oun d ater t the sit , whi
'bedrock, which �x��ts �p p
' i of 120 foot is also irn actod by the release, Fcbr, ary 14, 2006
at tin 1 � appr ���� [tA��� ����� 7 �.�iR� ►7L.�Li:7, ��.7�� �■��,�=�s� S Control
DMA batted a ' 'r Ctive Action D � ign (CAD) epoit to the
Agency (� CA
A , in this report, DPRA rroom rn :ncl ;dd the installation of a oil vapor extraction
� l rep
(SVE) system to remove of the hydrocarbon oont,�x ,initiOxt from the soil above the a majority
bedrock find elimivate the continual Bourcai of groundwatt=v contamination,
approval, DPRA will prepRre bid specifications, v i W the bi d5, hire a
contractor, and d irect the installation of the WE system in tl w vicinity of the fo ;x UST basin,
It i anticipated that the SVE system will opei a:tc at the site for 12 to 18 months.
If you have any questionu about t e petroleum reloasC lnvost.'igation at this ,site, ploase 1I MC at
(51) 215-4258.
Si cerely,
DODGE F[JX
r -.•r` 9 P.002A02
O' Vara Rol • 1,
Salon Civil Engineer
cc: Jon 'Dodge — B.ricicon Past: Acqnialtion Inc;
Dick Zimmerman -- P aperty Owner
1u1 R, trnbow —Donny Htcker; DMA File 9M,0001 .0007
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follows, to wit:
and
and
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY JACOB HOLDINGS OF STILLWATER LLC FOR AN
AMENDED CONDITIONAL USE PERMIT TO REVISE THE
CONDITIONS GRANTED ON DECEMBER 9, 2003 RELATIVE TO THE
AUTO SALES LOT AT 14738 60 STREET NORTH
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Jacob
Holdings of Stillwater LLC for an amended conditional use permit to revise the conditions
granted on December 9, 2003 relative to the auto sales lot at 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 ATTACHMENT A
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
3. The property is zoned B -2, General Business District in which auto
dealerships and outdoor automotive sales is a conditional use; and
4. The City Council approved a conditional use permit at their December 9,
meeting specifying conditions and timelines to bring 60
2003 g the subject property at 1473 8 60 Street North and the main dealership property at 14702 6O ��� Street North into conformance with
the performance standards of the Zoning Ordinance; and
5. The applicant has requested an extension of the approved timelines within
the conditional use permit in order to allow an environmental clean up of the property at 14738
60th Street North prior to a purchase of the property and lot combination of the properties at
14702 60th Street North and 14738 60 Street North; and
47
6. The City Attorney has prepared a letter to the Planning Commission, dated
January 25, 2006 relative to the application to amend the conditional use permit; and
7. City staff prepared memos dated March 2, 2006 and April 7, 2006 relative
to the application to amend the conditional use permit; and
8. The applicant has provided a letter and memo dated April 4, 2006 and
April 7, 2006, respectively, related to the environmental clean up status for the subject property;
and
9. The Planning Commission held a public hearing at their March 9, 2006
and April 13, 2006 meetings, 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 Holdings of Stillwater LLC for an amended
conditional use permit to revise the conditions granted on December 9, 2003 relative to
the auto sales lot at 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 that the timelines imposed in the conditional use permit approved by the City Council
on December 9, 2003 are hereby suspended and the following timelines shall be imposed for the
conditional use permit:
1. 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
security with the development application for the total cost of the development
improvements to be held until a certificate of occupancy is issued by the City for project
completion; or
2. 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.
3. If neither of the above stated conditions are complied with, the applicant shall remove all
of the vehicles from the property at 14738 60th Street North and cease all car dealership
operations at that site no later than December 31, 2008.
2
N$
Recommended by the Planning Commission of the City of Oak Park Heights this 13 day
of April 2006.
ATTEST:
Eric A. Johnson, City Administrator
Mike Runk, Chair
3
N9
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY JACOB HOLDINGS OF STILLWATER LLC FOR AN
AMENDED CONDITIONAL USE PERMIT TO REVISE THE
CONDITIONS GRANTED ON DECEMBER 9, 2003 RELATIVE TO THE
AUTO SALES LOT AT 14738 60 STREET NORTH
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Jacob
Holdings of Stillwater LLC for an amended conditional use permit to revise the conditions
granted on December 9, 2003 relative to the auto sales lot at 14738 60 Street North; and after
having conducted a public hearing relative thereto, the Planning Commission of Oak Park
Heights recommended that the request be approved with conditions. The City Council of the
City of Oak Park Heights makes the following findings of fact and resolution:
1. 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:
follows, to wit:
and
and
RESOLUTION NO
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
SEE ATTACHMENT B
3. The property is zoned B -2, General Business District in which auto
dealerships and outdoor automotive sales is a conditional use; and
4. The City Council approved a conditional use permit at their December 9,
2003 meeting specifying conditions and timelines to bring the subject property at 14738 60
Street North and the main dealership property at 14702 60 Street North into conformance with
the performance standards of the Zoning Ordinance; and
5. The applicant has requested an extension of the approved timelines within
the conditional use permit in order to allow an environmental clean up of the property at 14738
5d
60 Street North prior to a purchase of the property and lot combination of the properties at
14702 60 Street North and 14738 60 Street North; and
6. The City Attorney has prepared a letter to the Planning Commission, dated
January 25, 2006 relative to the application to amend the conditional use permit; and
7. City staff prepared memos dated March 2, 2006 and April 7, 2006 relative
to the application to amend the conditional use permit; and
8. The applicant has provided a letter and memo dated April 4, 2006 and
April 7, 2006, respectively, related to the environmental clean up status for the subject property;
and
9. The Planning Commission held a public hearing at their March 9, 2006
and April 13, 2006 meetings, took comments from the applicants and public, closed the public
hearing, and recommended that the application be approved with conditions.
NOW, THE tEFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLOWING:
A. The application submitted by Jacob Holdings of Stillwater LLC for an amended
conditional use permit to revise the conditions granted on December 9, 2003 relative to
the auto sales lot at 14738 60 Street North and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Weights that the
timelines imposed in the conditional use permit approved by the City Council on December 9,
2003 are hereby suspended and the following timelines shall be imposed for the conditional use
permit:
1. 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 60th Street North. The applicant shall be required to post a
security 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.
2. 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.
3. If neither of the above stated conditions are complied with, the applicant shall remove all
of the vehicles from the property at 1473 8 60th Street North and cease all car dealership
operations at that site no later than December 31, 2008.
2
51
2006.
ATTEST:
Approved by the City Council of the City of Oak Park Heights this 25' day of April
Eric A. Johnson, City Administrator
David B e audet, Mayor
3
Attachment A
Washington County GEO Code: 33- 030 -20 -43 -0057
Legal Description: PART OF BLOCKS 5 & 8, SUMMIT PARK ADDN
Physical Address: 14738 60 St. N.
57)
Required Approvals: CUP
City Council 4/5
Conditional Use Permit - Lapse of Approval:
ATTACHMENT B
Amended Conditional Use Permit
Jacob Holdings of Stillwater LLC
14738 60 St. N.
Application Materials
• Application Form
• Fees
• Plan Sets (3 Large Scale Sets /20 11x17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350'/l 5 0' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Staterent(s )/Legal Description(s)
Site Review Meeting: January 25, 2006
Planning Commission Public Hearing: March 9, 2006
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)