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HomeMy WebLinkAbout2000 Fully Executed Amended CUP DocumentSTATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) 1, the undersigned, being duly qualified and acting Deputy Clerk of the Ci ty of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: Amended Conditional Use Permit for Karmannt Jacks, Inc. with the original thereof on file in my office, and that the same is a full, true and complete copy of said document within the files of the City of Oak Park Heights. WITNESS my hand and seal of said City this 23 day of February, 2000. o eputy Clerk File No.: Owner: 798.02 HAPPY WATER'S LLC. MIKE NESVACIL JOHN IBARRA Address: 14621 60TH STREET NORTH OAK PARK HEIGHTS, MN 55082 CITY OF OAK PARK HEIGHTS AMENDED CONDITIONAL USE PERMIT FOR KARMANN JACK'S INC. See Exhibit "A" attached hereto Site Address:SAME permit holder at same address General Description: Date Issued: November 1999 Legal Description: (Washington County Geo. Code R- 04.029.20.12.0005 ) Present Zoning District: B-2 Permitted uses set forth in Ordinance 401 Section 401.03.A.7 I. CONDITIONAL USE PERMIT FOR: All uses shall be subject to the following conditions and /or restrictions imposed by the City Council of the city of Oak Park Heights. 1. Applicant is to use existing buidings at the site to operate a used and new car sales spec.ia iziin in Volkswagen and Porsche 2. EFFECTIVE January 1, 2000 ordinances do allow ma ' or auto re .air Ji . e . b od sho tin and ma mechanical on site) . Minor mechanical will be im.lemented on site until Januar 1 2000 i.e. arts re.lacement and oil and filter chan• es those set forth in th Additional conditions im Tanners re ort of November 19 osed b 1999 c 0 the council are attached) . 3. Planners report of 11 August 1999, complete with recommendations has been adopted by the City Council as a condition of this permit and a licant shall com l therewith: a. The outdoor sales area is limited to not more than 30% of gross floor area of the principal structure (shaded area of site map attached to planners report defines the area of outdoor sales. b.All repair activities shall be confined to the interior of the principal structure on the site. Service bay doors to be kept closed except when moving vehiches. c. Colors for facades and cano■ s to be s•ecified b the a..licant. d. Neon accent on the building facade to be removed. e. Landsca•in• on the site must cam with recommendations of the cit arborist. f. A•.licant shall im manner s•ecif ied b the cit A. Accessory Buildings: None rove bituminous en ■sneer. II. ADDITIONAL RESTRICTIONS AND PROVISIONS. arkin F. Landscaping: per E. above G. Lighting: must comply with city ordinance 410.15.B 7. H. Parking: per general conditions above. I. Hours of Operation: n/a J. Advertising /Signage must comply with city ordinance. K. Drainage: Subject to approval of city engineer. surface and curbs in The following additional restrictions and provisions being part of the Conditional Use Permit to be issued herein affecting the following matters shall be: B. Fencing: None C. Exterior Storage: None Allowed D. Chemical /Pollutant Storage and Disposal: To comply with MPCA and Fire departmnent regulations E. Screening: Per landscaping plan to be subject to the approval of the city arborist. L. Other: See Attached Planners Report III. REVIEW Date: Date: Pursuant to Order of the City Council of the City of Oak Park Heights, a periodic review of this Conditional Use Permit is imposed as a condition of its grant. This Conditional Use Permit shall be reviewed annually at the Direction of the City Clerk, which shall notify the permit holder of the date of the annual review at least ten (10) days prior to the review hearing. IN WITNESS WHEREOF, the parties have set forth their hands and seals. Date: By Date: By CITY F OAK ( PARK HE I G) T By David Schaa Mayor its 11. Happy� LLC B y - - - ..:... Thomas Melena City Administrator Karma n n\ Jack' s Thc . EXHIBIT "A" THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 29 NORTH, RANGE 20 WEST, WASHINGTON COUNTY MINNESOTA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 89 DEGREES, 13 MINUTES , 19 SECONDS EAST, BEARING ORIENTED TO THE WASHINGTON COUNTY COORDINATE SYSTEM, SOUTH ZONE, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER A DISTANCE OF 666.20 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89 DEGREES, 13 MINUTES, 19 SECONDS, EAST ALONG SAID NORTH LINE 160 FEET; THENCE SOUTH 00 DEGREES, 46 MINUTES, 41 SECONDS EAST 350 FEET TO THE NORTH LINE OF ST. CROIX MALL P.U.D. ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY, MINNESOTA; THENCE SOUTH 89 DEGREES , 13 MINUTES, 19 SECONDS WEST ALONG SAID NORTH LINE 153.14 FEET TO THE SOUTHEAST CORNER OF RADUENZ ADDITION, ACCORDING TO THE PLAT OF RECORD IN SAID OFFICE OF THE COUNTY RECORDER; THENCE NORTH 01 DEGREE, 54 MINUTES, 06 SECONDS WEST, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND ALONG THE EAST LINE OF SAID RADUENZ ADDITION A DISTANCE OF 350.07 FEET TO THE POINT OF BEGINNING, CONTAINING 54789 SQUARE FEET, MORE OR LESS. SUBJECT TO A HIGHWAY EASEMENT FOR TRUNK HIGHWAY 212 ALONG THE NORTHERLY LINE THEREOF. MEMORANDUM . 4 NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH TO: Tom Melena FROM: Scott Richards DATE: November 19, 1999 RE: Oak Park Heights - Karmann Jack's CUP: Mayor Auto Repair FILE NO: 798.92 - 99.15 The Planning Commission, at their November 18, 1999 meeting, voted unanimously to approve the CUP to allow for major auto repair indicating paint booths as an accessory to the auto sales use for Karmann Jack's at 1 4621 60th Street North. The Planning Commission was able to address the request in that the City Council approved the amendment to allow major auto repair in the B -2, General Business District at their October 26, 1999 meeting. Jack lbarra was present at the meeting. There were no other residents or adjacent property owners at the public hearing. The Planning Commission recommended the CUP based upon the conditions listed in the October 5, 1999 planning report. The changes to the conditions, as made by the Planning Commission in their recommendation have been highlighted. 1. The conditions for approval of the CUP for automobile sales and minor auto repair approved by the City Council on August 24, 1999 shall apply to the CUP for major auto repair. 2. Approval of the CUP is subject to finalization and publication of the Zoning Ordinance amendment to allow major auto repair as a conditional use in the B- 2, General Business District. 3. Any changes to the exterior lighting will be required to conform to Section 401.15.B.7 of the Zoning Ordinance. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 5 5 4 1 6 PHONE 6 1 2- 595.9636 FAX 6 1 2- 595 -9837 E -MAIL NAC WINTERNET.COM 4. All automobile repair activities shall be constructed within the rinci al structure p p and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. 5. There shall be no exterior storage of automobile arts, parts cars, or related p p 3 items on the site. All storage shall be internal to the building. Any cars to be stored outside of the building shall be in full working order. 6. All noise created from operations on the site shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. 7. Completion of the parking lot and curb /gutter improvements, subject to review and approval of the City Engineer. 8. The automotive repair and food operations shall be totally separated including all p 9 ventilation systems and storage of materials in conformance with the requirements of the Washington County Department of Health, Environment and Land Management and the Building Official. 9. The applicant shall receive and retain a Hazardous Waste Generators License from Washington County. 10. The applicant shall receive and retain an air discharge permit from the Minnesota Pollution Control Agency. 11. Comments of the City Council, Planning Commission, and Cit y staff. pc: Kris Danielson PLANNING REPORT TO: Tom Melena FROM: Daniel Licht 1 Scott Richards DATE: 11 August 1999 RE: Oak Park Heights - Karmann Jack's CUP FILE NO.: 798.02 - 99.15 BACKGROUND Mr. John Ibarra is proposing to utilize an existing building t 14621 60th Street g North for a used auto sales and repair business specializing in Porsche and Volkswagen automobiles. The subject site is zoned B-2, General Business District. The building is also occupied by an existing pizza carry-out use. The auto sales includes some outside storage of inventory. Outside sales as an rY accessory use is a conditional use permit in the B -2 District. Likewise, minor auto-repair (Le. p a replacement of parts, oil and filter changes, upholstery, etc) are a conditional use � se fin the B-2 District. The proposed business, however, includes body work painting and y � p g full range of mechanical services. This type of use is defined as major auto repair by the p y he ion Ong Ordinance and is not currently allowed in the B -2 District. As such, the applicant is requesting consideration of a conditional use permit for the outside sale /minor auto repair, as well as site plan review. Accommodating the g major auto repair element of the business would require an amendment to the Zoning Ordinance. Because the public hearing noticed for this application did not include pp a potential amendment, the matter cannot be resolved at this time. If the Planning Commission g m�ss�on determines that an amendment should be considered to accommodate the use, a public hearing should be set for the September meeting. Attached for Reference: Exhibit A: Site Location Exhibit B: Site Plan Exhibit 0: Building Elevations 5 7 75 WAYZATA BOULEVARD, SUITE 555 PHONE 6 1 2 - 5 9 5 - 9 6 3 6 FAX 6 1 2- 595 -9837 :HWEST ASSOC IA .D CONSULTANTS ................:....:............::....... ................................:.... ..::...::....:......:.......:.. COMMUNITY PLANNING - DESIGN - MARKET RESEARCH ST. LOUIS PARK. MINNESOTA 5 5 4 1 6 E -MAIL NAC @ WINTERNET.COM ISSUES ANALYSIS Criteria. In evaluating the requested conditional use permit and also a possible Zoning Ordinance amendment ,Section 401.03.A.7 of the Zoning Ordinance directs the Planning Commission and City Council to consider the possible adverse effects of the proposed use, with their judgement based upon (but not limited to) the following factors: a. Relationship to the specific policies and provisions of the municipal Comprehensive Plan. b. The conformity with present and future land uses of the area. c. The environmental issues and geographic area involved. d. Whether the use will tend to or actually depreciate the area in which it is ro osed. p p e. The impact on character of the surrounding area. f. The demonstrate need for such use. g• Traffic generation by the use in relation to the capabilities of streets servin g the property. h. The impact upon existing public services and facilities includin(Lg parks, schools, streets, utilities and the City's service capacity. I. The proposed use's conformity with all performance standards contained [in the Zoning Ordinance]. Comprehensive Plan. The Comprehensive Plan designates the subject site and g � surrounding area for commercial uses. The proposed auto sales and minor auto repair . p would be anticipated to be compatible. In addition, major auto repair may also be p Y compatible if appropriate conditions are required to minimize potential impacts. Zoning. The proposed outside sales and auto repair -minor can be accommodated by conditional use permit, subject to the conditions outlined in Sections 401.30.E.3 and 401.30.E.6 of the Zoning Ordinance (discussed in subsequent paragraphs). q Accommodating the proposed auto repair -major requires consideration of an amendment to the Zoning Ordinance. The character of auto repair -major uses is more similar to a highway commercial or industrial use than a retail service business. Therefore, the primary reason that auto repair major uses have been excluded from the B -2 District is the potential noise and visual impacts of the use. In considering this appiciation, Staff has developed the following alternatives that could be implemented to accommodate the 2 1 proposed use. Accommodating major auto repair would also address the non-conforming status of two car dealerships currently located within the B -2 District. B-2 District Conditional Use. The first option to consider is making auto sales g . uses that include accessory auto repair -major a conditional use in the B -2 District. This approach is utilized in the B -3 District and would include specific conditions pertaining to the operation to control noise and visual impacts. Designating the g g auto repair use as accessory to an auto sales business would also preclude stand alone auto body repair businesses, which are currently limited to the industrial districts in Oak Park Heights. It should be noted that Rouston Motors and Stillwater Ford both currently existing g within the B -2 District are legal non - conforming uses. These operations include elements similar to what is proposed by the applicant, on a larger scale. As legal non - conforming uses, Rouston and Stillwater Ford are allowed to continue operations, but cannot expand. A possible amendment making auto sales and accessory repair a conditional use in the B--2 District would eliminate the non- conforming status of these two businesses. Redefine Auto Repair Uses. The existing definitions of auto repair major and p major could be redrafted into one use. This approach would result in all forms of auto repair being allowed as a conditional use in the 8 -2 and other commercial and industrial zoning districts. This approach is problematic, however, because it does not distinguish between the varying intensity of particular auto repair uses. For example an auto body shop is a much more intensive use in terms of noise, outside storage, etc., versus a quick -Tube use with primary concerns limited to traffic generation. Rezoning to 6-3 District. As noted above, auto safes businesses with accessory repair are a conditional use in the B -3 District. As such, the proposed business could be accommodated by rezoning the subject site to B -3 District. Ali of the surrounding properties are zoned B-2 District, meaning that a rezonin g would create a single isolated parcel with 8 -3 District. In order to ensure compatibilit y with existing and future and uses, such an approach is not recommended. Based on the factors outlined above, our office would recommend approaching auto repair- pp g p major as a conditional use for auto sales businesses in the B-2 District. If the Planning Commission agrees with this recommendation, staff will prepare the necessa ry documents for consideration as part of a public hearing. Surrounding Land Uses. Existing land uses in the area of the subject site consist of a range of retail and service businesses. The subject site is connected with the adjacent Goodyear Tire site to the east because of a shared parking lot. Rouston Motors sales lot 3 is also in the area of the subject site. As such, the proposed use is anticipated to be compatible with the surrounding area. Access. The property has access to 60th Street, which is the T.H. 36 frontage road. This street has adequate capacity for traffic generated by the proposed use. Lot Standards. The minimum lot size and width requirements of the B -2 District are 16,000 square feet and 100 feet respectively. However, locations for outside sales uses in the B -2 District are required to have a minimum lot area of 20,000 square feet and 150 feet. The subject site has an area of 64,272 square feet and 156 feet of frontage on 60th street satisfying this requirement. Sales Area. The used vehicle sales includes a showroom within the buildin g and some outside sales. As a conditional use, the outside sales area is limited to 30 p ercent of the gross floor area of the principal use. The site plan designates 1 ,620 square feet of outside sales area (nine parking stalls), which is equal to 27 percent of the building floor area. As such, the proposed amount of outside sales is considered appropriate. Design Guidelines. The existing building is a one story structure with stucco facades. A metal fascia is also provided as an accent over the top 1/3 of the building. The only building improvements proposed are a revised metal parapet that would be raised higher than the current fascia with neon tube accents and new canopies over the north windows and door to the secondary tenant space. The proposed building improvements add articulation to the roof making the buildin g more visually desirable. Further, the building is consistent with the Design Guidelines provisions requiring the facade be split into 30 foot increments by windows, entrances awnings, etc. A similar parapet treatment to what is proposed on the west elevation should be provided on the north side of the building facing T.H. 36, where the buildin g has greatest visibility. The use of neon as a building accent is prohibited and should be removed. The building elevations indicate that the structure is to be repainted as p art of the remodeling, although no colors are indicated. consistent with the Design Guidelines muted earth tone colors should be used. The applicant will need to specify the ro osed p p building and canopy colors as a condition of any approvals. Landscaping. The site plan includes proposed landscaping materials to be added to the subject site. The landscaping is focused in small clusters and on the west edge of the parking area. The proposed plantings will provide more of a site amenity versus a visual screen. Because the surrounding properties are all existing and planned for commercial uses, the proposed landscaping is appropriate. The landscaping is subject to review and approval of the City Arborist. 4 Signage. The building elevations include plans for a new +1- 35 square foot wall all sign above the main building entrance and a new 45 square foot anel for the existing g pylon sign. The existing 15 square foot sign on the pylon and 10 square foot wall sign for g or the pizza carry -out use are to remain. Alt of the proposed signs are within the limits allowed owed by Section 401.15.G of the Zoning Ordinance. Parking. The Zoning Ordinance does not include off- street arkin requirements specific p g q to auto sales /repair uses. Auto repair uses are required to rovide eight stalls plus one p g stalls, per 800 square feet over 1,000. Based upon this requirement, six arkin stalls would g uld be required, plus 11 stalls for the pizza carry out use. The site lan provides a total of p p 40 off - street parking stalls, a surplus of 21 stalls. This parking supply should be sufficient g pp Y to accommodate any parking demand generated by the auto sales use, which is p lanned to be fairly limited in scale. The parking stalls and drive aisles all conform to the dimensional requirements of the he Zoning Ordinance. The parking area is a bituminous surface with concrete curb. However, visual inspection of the site by the Building fficial finds that the surface g and curb are in poor condition. As a condition of approval, upgrade of the arkin surface and 0 d curb should be required. Additionally, the proposed parking stalls will be required to be g q striped onto the surface. Lighting. The subject site includes existing I ight standards on the west side and southeast corner of the parking area. The applicant is not lannin on changing the p g g 0 existing site lighting. As such, no lighting plan has been rovided or is required. p q Noise. In order to minimize noise impacts of the auto repair -minor use, all work must be done within the shop areas or service bays. A further requirement should be that the doors to the service bays remain closed except when moving vehicles in /out to minimize ze noise from within the building being heard. CONCLUSION AND RECOMMENDATION The proposed auto sales and minor auto repair use is enerall consistent with the g Y conditions for such uses in the B -2 District. The issue of the proposed major auto repair p major p use requires direction from the Planning Commission as to whether to use should be accommodated and if so how. Staff is recommending that it may be appropriate ro riate to consider allowing major auto repair as a conditional use in the B -2 District when it is accessory to an auto sales use. This limits the potential number of uses as well as accommodates existing non - conforming businesses in the District. Based upon the factors outlined herein, our office recommends approval of the requested site plan and q p conditional use permit allowing outside sales as an accessory use and minor auto repair, subject to the following conditions: 5 1. The outdoor sales area shall be limited to not more than 30 percent of the gross p � floor area of the principal structure. 2. All automobile repair activities shall be conducted within the principal structure and the doors to the service bays kept closed except when vehicles are being moved in or out of the service areas. 3. The applicant specify the proposed colors for the building facades and canopies. 4. The proposed neon accent on the building facade is removed. 5. The landscape plan is subject to review and approval of the City Arborist. 6. The bituminous parking surface and concrete curb are improved, subject to review and approval of the City Engineer. 7. Comments of Other City Staff. pc. 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