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HomeMy WebLinkAboutDevelopment ApplicationCITY OF OAK PARK HEIGHTS +DEVELOPMENT APPL 14168 Oak Park Boulevard P.O. Box 2007 Oak Park Heights, MN 55082 (851) 4394439 Fax: (651) 439-0574 Street Location of Property 711) • Legal Description of Property Sc.. Owner: Name 1-0 LOC_ 1 3 Address: _t 95,a ro c, City: kit 1 Telephone: (Home) Zohing District Amendment Conditional Use Permit Variance: Single Family Residential Variance: Other Residential/Commercial/industrial Subdivision Subdivision: Minor Comprehensive Plan Amendment Description of Request(s): Owner/Applicantinitials Base Fee: ' Escrow Amount: o il (Business) (Fax) i30 (Other) Applicant: Name z_arK. ao State: T.- L Zip: Le5 493 36 —54? nec-et Address: ( , Y_S - Src City: tate: k5 Telephone: (Home) (Fax) - 310 Type of Request(s) (Other) (Business 7,r4 0.411 Home Occupation Site Plan Review PM: Amendment PUD: Concept Plan PUD: General Plan Street Vacation City Financial Assistance R U i c -c `) If a request for planning/zoning action on the subject site or any part thereof has been previously approved, please describe it below: J 0 ee 1 Development Application, .Page 2 General conditions Application Review The undersigned acknowledges that before this request can be considered and /or approved, all required information and fees, including any deposits, must be paid to the city. An incomplete application will be returned to the applicant. The application approval process commences and an application is considered compete when all required information and fees are submitted appropriately to the City. Professional Fee Responsibility It is the understanding of the undersigned that all City incurred professional fees and expenses associated with the processing of this request(s) will be, promptly paid upon receipt If payment is not received from the applicant, the property owner acknowledges and agrees to be responsible for the unpaid fey balance either by direct payment or a special assessment against the property. Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community Development fees as they are accrued. It is understood that interest will be charged on the account at the maximum rate allowed by the Fair Credit Act if it becomes thirty (30) days past due. Failure to pay administrative and processing fees in a timely manner may result in denial of the application. All fees must be paid at the time of application and shall be paid prior to the issuance of a building permit. The undersigned applicant further acknowledges and consents that all unpaid fees owing the -City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for collection as with delinquent utility billings and may be assessed against the subject real properly if unpaid by October 31 of each year. Property Address 5 7FO Ova-- �J 12-4 Owner Signatu e Ap i l " ant Signature Da ar ilW\J s5 b 8� /t 1a7 Date: �° May 15, 2007 VIA MESSENGER Mr. Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 Re: Lowe's Home Centers, Oak Park Heights Conditional Use Permit Application Dear Mr. Johnson: On behalf of our client, Lowe's Home Centers, Inc., we are enclosing the following: Lowe's signed development application for a conditional use permit together with our client's correspondence explaining the need for the permit request; 2. Ozark Civil Engineering's check in the amount of $1,400 to cover filing fees and the escrow amount; 3. A set of warranty deeds evidencing title in the name of Lowe's Horne Centers, Inc.; 4. Washington County's response to the request for adjacent property owners and addresses together with mailing labels and a map; 5. Three full-size copies of the revised site plan, grading and drainage plan, and landscape plan together with 20 1 lx17 copies of same; and 6. A resource list showing the names of all contacts who have been involved with this project. Attorneys & Advisors / Fredr main 612.492.7000 200 S fax 612.492.7077 Minneapolis, Minnesota www.fredlaw.com 55402-1425 Fredrikson &BYRON, V.A. r . 1 MAY i 7N1 son & Byron, lee e MEMBER OF THE WORLD SERVICES GROUP OFFICES A Worldwide Network of Professional Service Providers Minneapolis, London. & Monterrey, Mexico Mr. Eric Johnson May 15, 2007 Page 2 Our client is requesting city permits that would allow Lowe's to park truck trailers for storing appliances that are to be recycled and for pallets that are to be recycled. To screen the truck trailers from neighboring properties and streets, Lowe's proposes to add an additional landscape island near the truck parking spaces and also to extend the fence that is currently along the south side of Lowe's property from the southwest corner along the westerly property line to the north, as shown in the enclosed plans. These additional measures will also screen the areas where Lowe's delivery trucks park in between deliveries to our client's customers. The areas to be revised are all clearly shown on the enclosed plans and each changed area has been circled for your convenience. Thank you for your assistance. If you have any further questions, do not hesitate to contact my partner, Dave Sellergren at (612) 492.7136 or Kyle Oswald at Ozark Engineering at (913) 310.0470. Very truly yours, Susan D. Steinwall Attorney at Law Direct Dial: 612.492.7171 Email: ssteinwall@fredlaw.com SDS:cic Enclosures cc: Kyle Oswald (w /o enc.) (via E -mail) Robert Fiebig, III (w /o enc.) (via E -mail) 4 I 94320 1.doc May 15, 2007 Eric Johnson City Administrator 14168 Oak Park Blvd N. Oak Park Heights, MN 55082 Subject: Lowe's of Oak Park Heights, MN Trailers for Recycling and Lowe's Delivery Trucks CUP Application Mr. Johnson: Lowe's Midwest Real Estate Office 1952 McDowell Road, Suite 101 Naperville, IL 60563 Phone: 630-548-7500 Fax: 630-527-8830 As one of the world's largest retailers, Lowe's is committed to being a responsible steward of the environment. Lowe's continues to expand its recycling initiatives, as well as employee training and education. As part of this commitment Lowe's recycies all used appliances that our customers replace with more energy-efficient appliances. In order to meet the supply and demand Lowe's stores used appliances to be recycled in an enclosed truck trailer behind the store. Typically, full trailers would be removed approximately once to twice a week, however, the frequency of removing and replacing trailers would vary with the volume of merchandise delivered to the store. Also as part of this commitment Lowe's recycles all the pallets it receives on a daily basis. All pallets are collected, stacked, and placed in a second enclosed truck trailer. Typically, full trailers would be removed approximately once a week, however, as with the trailers for used appliances, the frequency of removing and replacing trailers would vary with the volume of merchandise delivered to the store. As with the recycling of any material—such as newspaper and cardboard—a sufficient number of used appliances and delivery pallets must be assembled before it is economically feasible to ship them to the appropriate recycling facility for processing and re-use. Further, housing used appliances and pallets inside the store can create an unsafe work environment by inhibiting access and free passage throughout parts of the store not accessible to the general public. The space typically used for new merchandise before it enters the sales floor area must be kept clean and dear of obstructions, in order to function in a safe and orderly manner. Thus, an area outside the building must be located to temporarily house such items as used appliances and delivery pallets in quantities great enough to be recycled. As part of this development, Lowe's has provided a large berm with landscaping and an 8 foot tall wood fence at the back of the store to effectively screen the Lowe's store from the adjacent properties to the south. A landscaped island is also proposed on 5/14107 the east side of the parking spaces for the appliance and storage trailers. This landscaped island will screen the storage trailers from Nova Scotia Street. The attached plans show where the trailers would be placed to get the most effective screening possible. In order to provide outstanding customer service Lowe's offers next day delivery on ali available items in the store. To have such an offer Lowe's has a couple of small box trucks and a flatbed truck to make deliveries (appliances, lumber, bagged goods, etc). These delivery trucks are stored overnight in the southwest corner of the Lowe's lot. . These parked trucks are currently visible from 58 Street. We propose to continue the 8 foot wood fence located on the south side of the property approximately 160 feet along the east property line in order to screen this area from view. A smaller two foot berm will be placed in this area to provide additional elevation to the fence. I hope this adequately addresses your questions/concerns regarding our CUP application. Please feel free to contact me with any questions. Sincerely, Robert Fiebig ill Site Development Manager 11 Cc: Scott McGee -Ozark Civil Engineering David Sellergren Fredrikson & Byron PA asg)61/G STATE DEED TAX DUE: $ a O. <F Dated: --, 2006. WARRANTY DEED FOR VALUABLE CONSIDERATION, CSM EQUITIES, L.L.C., a limited liability company organized under the laws of the State of Delaware, Grantor, hereby conveys and warrants to LOWE'S HOME CENTERS, INC., a corporation organized under the laws of the State of North Carolina, Grantee, real property in Washington County, Minnesota, described as follows: Lot 1, Block 1, OAK PARK COMMONS, Washington County, Minnesota. (Abstract Property) Lot 2, Block 1, OAK PARK COMMONS, Washington County, Minnesota. (Torrens Property) Together with all hereditaments and appurtenances belonging thereto, and subject to matters shown on Exhibit A attached hereto and made a part hereof. The Grantor certifies that the Grantor does not know of any wells on the described property. _ A well disclosure certificate accompanies this document. Z am familiar with the property described in this instrument and I certify that the status and number of wells on the described property have not changed since the last previously filed well disclosure certificate. CSM EQUITIES, L.L.C. BY: _ Name: L. Rietz Title: Manager Tax Statements to and Grantee: LOWE'S HOME CENTERS, INC. 1 605 Curtis Bridge Road, Wilkesboro, NC 28697 Attn: Tax Department STATE OF M :CNNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 28th day of April, 2006, by Joel L. Rietz, Manager of CSM EQUITIES, L.L.C., a limited liability company organized under the laws of the State of Delaware. otary Public Notary Seal: Drafted by: CSM Corporation 500 Washington Avenue South, Suite 3000, Minneapolis, MN 5.5415 • JEAN M CROSBY NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010 EXHIBIT A PREMITTED ENCUMBRANCES 1. The lien of the real estate taxes not yet due and payable. 2. Drainage and utility easements shown on the recorded plat of OAK PARK COMMONS.. 3, Basements for utilities, in favor of Northern States Power Company, as evidenced by instrument filed. as Document No. 34402, Office of Registrar of Titles, 4. Declaration of Restrictions dated April 9, 2005, filed. July 12, 2005, as Document No. 1158423, Office of Registrar of Titles, and the terms and restrictions set forth therein. 5. Easements for utility and drainage purposes as shown on the recorded plat ofHIAASE ADDITION, as partially released as evidenced by Vacation Resolution recorded as Document No. 11 65954, and Notice of Completion of Vacation Proceeding recorded as Document No, 1165955, Office of Registrar of Titles. 6. Declaration of Easements, Covenants, Conditions and Restrictions dated 2006, between CSM Equities, L.L..C., and Lowe's Home Centers, Inc.., and the easements, terms and provisions set forth therein, as to Lots 1, 2, 3, 4, 5, 6 and 7, Block 1, OAK PARK COMMONS. 7. Declaration of Easements and Demolition Agreement between CSM Equities, L.L.C., and Anchobaypro, Inc., dated , 2006, and the terms and provisions set forth therein, as to Lots 1, 2, 3, 4, 5, 6 and 7, Block 1, and Outlot A, OAK PARS_ COMMONS, 8. Matters which would be disclosed by an accurate survey of the property. No delinquent taxes and transfer entered: Certificate of Real Estate Value (X) tiled € ) not r'equ'ired C2 Date Molly F O'Rourke, Aud Deputy - Treasurer r fad e g ig asoirAL) STATE DEED TAX DUE: $ Si O Dated: -, 2006. WARRANTY DEED 14{,To FOR VALUABLE CONSIDERATION, CSM EQUITIES, L.L.C. a limited liability company organized under the laws of the State of Delaware, Grantor, hereby conveys and warrants to LOWE'S HOME CENTERS, INC., a corporation organized under the laws of the State of North Carolina, Grantee, real property in Washington County, Minnesota, described as follows: Lot 1, Block 1, OAK PARK COMMONS, Washington County, Minnesota. (Abstract Property) Lot 2, Block 1, OAK PARK. COMMONS, Washington. County, Minnesota. (Torrens Property) Together with all hereditaments and appurtenances belonging thereto, and subj ect to matters shown on Exiiib4 A attached hereto and made a part hereof. CSM EQUITIES, L.L.C. BY: 44141111 ‘. Name: l .: L. Rietz Title: Manager Tax Statements to and Grantee: Wilkesboro, NC 28697 Attn: 3583382 WASHINGTON COUNTY Receipt No: 220520 Date: 5/9/2006 Registration tax hereon of: $22,840°43 PAD MN Conservation Fund M.S. 473h $5.00 PAID Molly F. O'Rourke, Auditor by CJStar.zi The Grantor certifies that the Grantor does not know of any wells on the described property. A well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and Z certify that the status and number of wells on the described property have not changed since the last previously filed well disclosure certificate. LOWE'S HOME CENTERS, INC. 1605 Curtis Bridge Road, Tax Department � p Commercial Porters Title, LLC 200 South Sixth Street Suite 1300 Minneapolis, MN 55402 11 11 1 Office of the County Recorder Washington County, MN Certified tiled an dlor recorded on: 2006/05/09 2 :29 :00 PM 3583382 Cindy Kocsmunn County Recorder STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 28th day of. Aril, 2006, by Joel L. Rietz, Manager of CSM EQUITIES, L.L.C., a limited liability company organized under the laws of the State of Delaware. /// lotary Public Notary Seal: Drafted by: CSM Corporation 500 Washington. Avenue South, Suite 3000, Minneapolis, MN 55415 JEAN M CROSBY NOTARY PUBLIC - MINNESOTA My CammiSSion Expires Jan., 31, 2010 EXHIBIT A PREMITTED ENCUMBRANCES 1. The lien of the real estate taxes not yet due and payable. 2. Drainage and utility easements shown on the recorded plat of OAK PARK COMMONS. 3. Basements for utilities, in favor of Northern States Power Company, as evidenced by instrument filed as Document No. 34402, Office of Registrar of Titles. 4. Declaration of Restrictions dated April 9, 2005, filed July 12, 2005, as Document No. 1158423, Office of Registrar of Titles, and the terms and restrictions set forth therein. 5. Easements for utility and drainage purposes as shown on the recorded plat of HAASE ADDITION, as partially released as evidenced by Vacation Resolution recorded as Document No. 1165954, and Notice of Completion of vacation Proceeding recorded as Document No. 1165955, Office of Registrar of Titles. 6. Declaration of Easements, Covenants, Conditions and. Restrictions dated 2006, between CSM Equities, L.,L„C,., and Lowe's Home Centers, Inc.., and the easements, terms and provisions set forth therein, as to Lots 1, 2, 3, 4, 5, 6 and 7, Block 1, OAK PARK COMMONS. 8. Matters which would be disclosed by an accurate survey of the property. 7. Declaration of Easements and Demolition Agreement between CSM Equities, L.L.C., and Anchobaypro, Inc., dated , 2006, and the terms and provisions set forth therein, as to Lots 1, 2, 3, 4, 5, 6 and 7, Block 1, and Outlot A, OAK. PARK COMMONS. a)V No delinquent taxes of Real Estate Value Date_ Molly F 0' Deputy S 8 6 STATE DEED TAX DUE: Dated: Pr and transfer entered: Certificate ( X) filed ( ) not required ditor- Treasurer 2006. WARRANTY DEED evo,v3 4 FOR VALUABLE CONSIDERATION, CSM EQUITIES, L.L.C., a limited liability company organized under the laws of the State of Delaware, Grantor, hereby conveys and warrants to LOWE'S HOME CENTERS, INC., a corporation organized under the laws of the State of North Carolina, Grantee, real property in Washington County, Minnesota, described as follows: Lot 1, Block 1, OAK PARK COMMONS, Washington County, Minnesota. (Abstract Property) Lot /, Block 1, OAK PARK COMMONS, Washington County, Minnesota. (Tonens Property) CSM EQUITIES, L.L.C. BY: Name: Rietz Title: Manager Tax Statements to and Grantee: LOWE'S HOME CENTERS, INC. Wilkesboro, NC 28697 Attn: Tax Department 11 1 1 111 Together with all hereditaments and appurtenances belonging thereto, and subject to matters shown on Exhibit A attached hereto and made a part hereof. .,, The Grantor certifies that the Grantor does not know of any wells on the described property. A well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and I certify that the status and number of wells on the described property have not changed since the last previously filed well disclosure certificate. WASHINGTON COUNTY Receipt No: 220520 Date: 519/2008 Registration tax hereon of: $22,840 43 PAID MN Conservation Fund M.S. 473h $5.00 PAID Molly F. O'Rourke, Auditor by CJStarzl 1605 Curtis Bridge Road, R;h& r i Commercial Partners Title, LLC 200 South Sixth Street Suite 1300 Minneapolis, MN 55402 ,..� 1166983 11 1 11 Offce of the Registrar of Titles Washington County MN Certified tiled and /or recorded on: 2005/05109 1 :51 :00 PM 1166983 i i i i Cindy KaosmnrM egistrar al Titles at a rit Q. 82465 62473 1F' STATE OF MINNESOTA ) COUNTY OF HENNEPIN } ss The foregoing instrument was acknowledged before me this 28th day of April, 2006, by Joel L. Betz, Manager of CSM EQUITIES, L.L.C., a limited liability company organized under the laws of the State of Delaware. Notary Public Notary Seal: Drafted by: CSM Corporation 500 Washington Avenue South, Suite 3000, Minneapolis, MN 55415 JEAN M CROSBY NOTARY PUBLIC - MINNESOTA My Commission Expires Jan, 31, 2010 EXHIBIT A PREMITTED ENCUMBRANCES 1. The lien of the real estate taxes not yet due and payable. 2. Drainage and utility easements shown on the recorded plat of OAK PARK. COMMONS. 3. Easements for utilities, in favor of Northern States Power Company, as evidenced by instrument filed as Document No. 34402, Office of Registrar of Titles. 4. Declaration of Restrictions dated April 9, 2005, filed July 12, 2005, as Document No. 1158423, Office of Registrar of Titles, and the terns and restrictions set forth therein. 5. Easements for utility and drainage purposes as shown on the recorded plat of HAASE ADDITION, as partially released as evidenced by Vacation Resolution recorded as Document No. 1165954, and Notice of Completion of Vacation Proceeding recorded as Document No. 1165955, Office of Registrar of Titles. 6. Declaration of Easements, Covenants, Conditions and Restrictions dated 2006, between CSM Equities, L.L..C. and Lowe's Home Centers, Inc., and the easements, terms and provisions set forth therein, as to Lots 1, 2, 3, 4, 5, 6 and 7, Block 1, OAK PARK COMMONS. 7. Declaration of Easements and Demolition Agreement between CSM Equities, and. Anchobaypro, Inc., dated , 2006, and the terms and provisions set forth therein, as to Lots 1, 2, 3, 4, 5, 6 and 7, Block 1, and Outlot A., OAR. PARK. COMMONS. S. Matters which would be disclosed by an accurate survey of the property. RESOURCE LIST Project City of Oak Park Developer Lowe's CompaniE Ozark Project Number 04.0461 Client Name Lowe's Companies, In Contact Rob Fiebig Address 1952 McDowell Rd Stc Naperville, IL 60563-6! Phone 630-548-7514 Fax 630-527-8830 Mobile 630-640-8157 Email robert.r.fiebiglowes.( City - Plan Review City Administrator Name Northwest Associated Contact Scott Richards 4800 Olson Memorial 1 Address Golden Valley, MN 55 Phone 763-231-2555 Fax ? Mobile? Email srichards@nacplannin County Engineer Name Bonestroo Rosene An Contact Dennis Post ler 2335 West Highway 3( Address St. Paul, MN 55113 Phone 651-604-4815 Fax ? Mobile ? Email dpostler(bonestroo.ci Water Name City of Oak Park Heigl' Contact Tom Ozzello - Direct( 14168 Oak Park Blvd., Address Oak Park Heights, MN Phone 651-439-4439 Fax 651-439-0574 Mobile ? Email tozzello©cityofoakparl Geotech Environmental Name American Engineering Contact Rich Lowe 550 Cleveland Avenue Address St. Paul, MN 55114-1 Phone 800-972-6364 Fax ? Seller Name CSM Contact John Gelderman 500 Washington Ave South Ste 3000 Address Minneapolis, MN 55415 Phone (612) 395-7029 Fax (612) 395-7002 Email jrieldermancsmcorp.net Name City of Oak Park Heights Contact Eric Johnson 14168 Oak Park Heights Blvd. North P.O. Box 2007 Address Oak Park Heights, MN 55082 Phone 651-439-4439 Fax 651-439-0574 Mobile ? Email eajohnson(cityofoakparkheights.com Gas Name Excel Energy Contact Jeff Byron 1700 East County Road, East Address White Bear Lake, MN 55110 Phone 651-779-3156 Fax 612-573-9368 Mobile 612-720-5212 Email ? Telephone Name Qwest Contact Kevin Asmus/Sr. Design Eng. 390 Commerce Drive Address Woodbury, MN 55125 Phone 651-714-7529 Fax ? Mobile 612-388-9977-Cell; 612-622-5471-Pager Email Kevin.Asniusqwest.com Name American Engineering Testing Contact Rich Lowe 550 Cleveland Avenue North Address St. Paul, MN 55114-1804 Phone 800-972-6364 Fax ? Mobile ? Mobile ? Email rlowe_aamengtest.con Email rlowe arnengtest.com Traffic Surveyor Name Alliant Engineering Name Westwood Professionals Contact Clark Wicklund Contact Martin Weber 233 Park Avenue Sout 7599 Anagram Drive ? ? Address Minneapolis, MN 554 Address Eden Prairie, MN 55344-7399 Phone 612- 758 -3082 Phone 888 - 937 -5150 Fax 612 -758 -3099 Fax ? Mobile ? Mobile ? Email ? Email w s westw00d s. co, Wetlands Contractor Schirmer Contractor Name American Engineering Name Schirmer Engineering Corp. Contact Rich Lowe Contact Ken Deakins 550 Cleveland Avenue 5942 Marina Dr ? ? Address St. Paul, MN 55114 -1 Address Garland, TX 75043 -4225 Phone 800 -972 -6364 Phone 972 - 686 -9850 Fax ? Fax 972 -686 -8698 Mobile ? Mobile ? Email rlowe amen test.con Email ken_deakins@schirmereng.com