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HomeMy WebLinkAbout2008-06-05 NAC Planning Report - DRAFTNORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan nersCg?nacplanning.com 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: Letter from Jean Schuldt, April 7, 2008 Exhibit 2: Amended Conditional Use Permit, April 25, 2006 Exhibit 3: Letter from Minnesota Pollution Control Agency, November 8, 2007 APPLICANT'S REQUEST 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 60 Street North. The Cadillac Pontiac GMC dealership was moved to the former Ford site. The April 25, 2006 conditional use permit was based on the intent of the applicant to demolish the dealership at 14702 and 14735 60 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: 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 60 Street North be combined with the main dealership property at 14702 60 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 60 Street North from the contamination and certification by the MPCA on the clean up project acknowledging closure on the project. We have finally closed with the sellers of the old Amoco site at 14738 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 60 Street North. No comment. 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. 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 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 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 on the existing building at 14738 60 Street North shall be dimmed at night to a level that is acceptable to the City. Completed. 16. Forty -seven parking stalls shall be dedicated to customer and employee parking and 16 stalls shall be dedicated for service at the main dealership property at 14702 60 Street North. 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 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. Being completed. 19. 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 401.15.6.7 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 properties at 14702 60 Street North and 14738 60 h 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, 2003. 4 Need an extension from December 31, 2008 to December 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 December 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 60 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 / 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: 1. 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 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 Tie --let GOmbinatien shall be GOmpleted within 30 days fellewing the remediatien and Glean up of the lot at 14738 160-th R-#P-P-t. Nln-rth frn-M the Gentam and Ger-tifiGation by the IVIPGA on the Glean Up PFGjeGt aGknowledging Glesure en the 6. No repair work or servicing of vehicles shall be allowed on the subject property at 1473860 th Street North. 5 7. No signage shall be allowed on the subject 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, 20089. 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 CrOTUMA ... 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 shall be dedicated for service at the main dealership property at 14702 60 Street North. 6 • _. 14. Architectural lighting on the existing building at 14738 60 Street North shall be dimmed at night to a level that is acceptable to the City. 15. Forty -seven parking stalls shall be dedicated to customer and employee parking and 16 stalls shall be dedicated for service at the main dealership property at 14702 60 Street North. 6 i • . . .. M. .. . . . 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. 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 photometrics, at the main dealership property at 14702 60t 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, 20089. 1 19. 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 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 DeGembeic 9, 2998June 24, 2008 20. The applicant shall complete the conditions of the conditional use permit granted for the subject property on December 9. 2003 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. 7