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HomeMy WebLinkAbout2005-02-07 OPH Ltr to Menards Re Lighting CorrectionCity of Oak Park Heights 14168 Oak Park Blvd. N o Box 2007 +Oak park Heights, MN 55082 o Phone (651) 439 -4439 •Fax (651) 439 -0574 February 7, 2005 Mr. Brian Hilderman MENARDS 4777 Menard Dive Eau Claire, WI 54703 ** *VILA FACSII�iTLE -� 715- 876- �2424* ** Original in U.S. MAIL RE: Soffit Lighting and Internal Lighting � This is a Correction Notice Mr. Hilderman, This letter is to inform you that the lighting recently installed on the new storage structure is in violation of the City lighting ordinance as well as your Conditional Use Permit — Item. # 17. All soffit lights must be of full cutoff design (and aimed inward or directly downward) and the internal ligbting systems must be recessed (or shielded) so as the light source may not be seem from 5 8 t h street. However, there may other alternatives to solve these lighting problems. we will be discussing this issue on Thursday, Feb le, 2005 with Conrad Korbish; however the City cannot and shall not issue an Occupancy permit until these lighting issues are solved to the extent as acceptable by the City. As you know there are other issues, that we are aware of at this time,that must be corrected prior to the issuance of an Occupancy Permit. 1) The "tie your load down" station must be moved to the inside of your "yard" — vaside the fenced area. 2) No signage may be seen from 58 Street -- all signage on the new wood storage structure must be with removed or lowered so as it may not be seen from 58 street, as must the signage on the south side of the Yard Entrance Douse — exit/entrance signs. To date the chain link fence is still in place on the east side of your building, this must be replaced to either wrought -iron or fencing similar to the 1 4) Correct roof (skylights) on storage structure to one solid field. 1 have again enclosed a copy of the Conditional Use Permit for your convenience please review and ensure that all Items are in compliance. I would specifically note Item 5, as the operations have not to date been in compliance; please consider, th* fried. reminder. hair y A. o on ity A `strator Cc: Jim Butler, Building Official facial Conrad Korbish, M66ards — via facsimile — 715 876-2424 Planning Commission. Members NOTICE of CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON CITY OF OAK PARK HEIGHTS ) du q ualified and actin as Cit Adm�sttator for the City of oak I, the undersigned, being �' � g � Par H hts , Minn esota DO HEREBY CERTIFY that I have compared the attached document: Con&tiomd Use & Vadatxce Pe, mit For Menard, Inc. w ith the oti ' al thereof on f le at the offices of the City of Oak Park Heights, and that .the same is a full, true and c o mp l e te co p 7 of s aid , do cut. en t with n the files of the City of oak Park Heights. f the. o f oak Par H ei g hts, this 19. day of Ap �1, WITNESS �� hand and-the, sea o ty g . 2004, ,r , CITY OF OAK PARK HEIGHTS . CONDITIONAL USE AND VARIANCE PERNIIT . FOR . MENARD, INC. ale' o. * w _ 1 02 Legal Description: (WashingtOn Counter Geo. bode 05,029.20.22.0007) . S e e . Exhibit " attached hereto Date Issued: ,Tmsary 13, Owner,: .nar Tnc- w Address: Eau Cil Present Zoning District: - ermitted uses set forth in Ord nance -- - Section 40-1 -3Q coN wToNAL USE ERMT Fob.: 2004 ,addition to Store- Garden. Center and Yard Access Site modifications ject be sub to the following canditions and/Or restrictiors unposed by the Cit Ail uses shall Council of the City of oak Park Heights and are in addition to not in replacment of previous "" variances and Cond i6onal Use permits issues Menard s by the C I ty M 1995 and 1998. General Description: Menards has ra osed - various changes to their existing 11.9 acre site. Such changes p p include the following: A. The addition of 2.5 acres of land presently zonned Open Space Conservation.. B. The relocation of the store's lumberyard entrance. C, Construction of a new garden center area. D. Expansion of the existing lumberyard. E, Construction of a new warehouse; and The City Council has determined and' granted the following: . A. Approval of the rezoning from Open Space Conservation to B -2, general Business t District B, Approval of the preliminary plat to divide property and add it to the existing Menard's site, C. Approval of a conditional use permit (to allow expansion of open and outdoor storage) and variances; 1) from the fence height regulations to allow expansion of a 14-foot- high fence /storage rack surrounding the outdoor storage area and construction of a wrought iron fence west of the principal building subject to the following conditions: 1. The applicant submit a revised pre ary plat and a final plat that combines the proposed expansion area with the existing Menard`s property. 2. S i gng a e be installed to direct delivery trucks to use the north entrance o n rue ger Lane, which will allow adequate truck maneuvering space. 3. Materials stored or stacked in the storage yard may -not exceed the height of the adjacent screening fence. 4. Free replacement and -the landscape plan are subject to review and approval by the City Arborist, S. All exterior site lighting be di=ed one hour after store closing. 6. The "in" and "out" signs on the lumberyard entrance canopy be revised to not exceed four square feet in area. 7. All signs on 'the lumberyard entrance canopy comply with sign illumination requirements. If external lighting is proposed, there shall be no exposed light sources or fixtures unless decorative fixtures are utilized and the light source is fully concealed and diffused. If the sign internally illuminated, there shall be illumination of the text only. 8. No new flag -like banners are allowed on the property; therefore, the proposed banners on the entrance gate canopy shall be eliminated. 9. 'The City reserves the right to require the applicant to use and require the implementation of a radio pager system for con nunication to all outside /yard employees, 10, Delivery, unloading, and movement of goods shall be Limited to 8:00 axn.. to 9 p ,m., Monday through Saturday, and 10:00 a.m, to 8=00 p.m. on Sundays. Movement of goods in the yard shall be limited to one hour before store op e. n g to one hour after store closing, Utilization of audible backup moving devices shall not be used on site if a reasonable OSHA. approved alternate exists. .1. A reta wall shall be constructed between the storrnwater pond and the lumberyard, . Construction drawings of the retaining wall shall be submitted to the City Engineer for review and approval. 12, Grading and utility plans are subj ect to review and approval by the City Engineer. 13, Storm water management is subject to review and approval by the City Engineer and Browns Creek watershed District. 14, The south and west .sides of the proposed warehouse building shall be sided with vertical wood siding that matches the screening structures. The roof shall be a dark green color to blend with the surroundings subject to the review and approval of the CitY Planner. - ' 15. An updated lighting plan for the entire site that complies with Section 401,153.7 of the Zoning Ordinance, including both 'existing and proposed lights, shall be submitted and subject to City review and approval. The applicant shall update all of the lights, to be compliant with the Zo=' g Ordinance, within the existing Menard's site by December 31, 2008. All new fixtures and fixtures to be replaced will need to comply with the Zoning Ordinance. 16. The decorative lighting west of the building be eliminated. 17. Yard and soffit lights be mounted horizontally (at a 90 degree angle to the wall or pole) and be a full cutoff design with the lens not extending below the fixture. 18. No permits shall be issued for the Menard's property until all traffic and circulation issues are resolved as required by the Champion Developnent/Brackey March 21, 2000, Development Agreement and a Supplemental Agreement is executed by all parties to that agreement 19. The exterior of the existing perimeter fence on the Menards property shall be power washed so as to match .the color of the new perimeter fencing in the expansion area. 20. The lumber yard and entrance structure shall be screened by a 14 foot wooden fence and a 14 foot wrought iron fence as depicted on the plans submitted by the applicant. 21. The applicant shall provide detailed plans for that area adjacent to the existing pond and the proposed retaining wall in that area. The bank of the pond shall not be altered or filled and all plans shall be subject to review and approval of the City Engineer. 22, All access for the expansion area shall be from the existing llrlenard's site via Seger Lane, No direct access for the expansion are shall be granted. from 58th Street or from the driveway located to the West of the subject area. IN WITNESS WBERROF, the parties have set forth their hands and seals. OFQAK P Date: Bate: -� Date: < 5 " � STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON} Do IG On th - 200 before me a Notary Public within and for is IF day of a said County � P Coun and State personally appeared, Mayor David Beaudet and Administrator Eric Johnson to me personally known., who, being by' me duly swore. did say that they are tl1e John � �" C i t y Mayor and Administrator, respectively, of the City of oak Park Heights, the city named in the foregoing instrutnent, 'an.d that said instrument was signed and sealed on behalf of said � g city by authority of its Con non Council. - W ary Public ashington County My Con . � �P WISCONSIN � �� �xr ��Ll� �. JOHNSON �. r.., :�;� � NOTARY PUBLIC ~~ MINNESOTA )ss' WASHINGTON COUNTY CC �,�'�„ �F �.�..� ��� � My Comm. Expires Jan. 31, 2005 j1 . 2 o o b e fore m On this � `�la o f � e a Notary Public within and for . y this C oun ty and State, personally appeared Mary Prochaska to me personally known, who, me dui sworn did say that he is the vice President of Menard, I c., the corporation bung by y Y Warn foregoing nam in the fore oin instrument, and that this instrument was signed on behalf of the corpo ration b y authority authori of its Board o f Directors and that Mary Prochaska, vic Pres ident r acknowledged this instrument to be the free act and deed o Me rd, I c. "'x yv3zn ' ll 4 y W� t �i� O v • 4 ar j ' L ee d� = k�iAR i �+..� o CJ 4 Nota Public u Claire Count LE E My Commis i n 's p ermanent. 4 ¢ 4 4 i ? t �� 4" �ilS, •f Menard Inc. E XHIBIT "Alf Note that the legal description will be that of the primary site and then. add Mn the new piece being conveyed by Brackeys to Menards with this transaction Exhibit "A" r r W ashington . County G EO Code: 05- 029 - 20-- -- 0007 Legal D es c]rl tion : Lot 1 Block 1, Bracket' Addition Washington County GEo Code: 05-029-20-22-0012 Legal p al D es c�ri do n: That part of Outlot A, Brackey 2nd Addition, Washington County, NAT described as follows: Begin= g at the most southeasterly corner of said Outlot A; thence North 00 degrees 14 mutes 23 seconds Vest, assumed bearing along the east line of said Outlet A., 424.00 feet; thence South • 89 degrees 45 minutes 37 seconds West 260.00 feet; thence southwesterly �' ester) and wester) a distance of 61.13 ,feet along a curve not tangential With the last described line, said curve is concave to the northwest, has a radius of 5 0.0 0 feet, a ang le of 70 degrees 03 minutes 05 seconds, and the cord of said curve bears S outh , . g 5 degr ees 44 minutes 04 seconds Vest; thence S 00 degrees 14 minutes 23 seconds East, alo aline not tangent to said curve, a distance of 298.01 feet, thence southerly a g distance of 99.53 feet along a tangential curve concave to the east h.av' m' g a radius of . 704.18 feet and a central angle of 08 degrees 07 min utes 23 seconds to the south line of s aid Outlot A* thence easterly; along said south lime, 300.22 feet to the point of beginning � and there ternuna.ting..