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Home My WebLink About2006-09-14 WC Recorded Document 3606467 - Positive Companies CUP _- • 3606467 1 1111 1 1111 1111 11 11 Office of the County Recorder Washington County, MN NOTICE OF CERTIFICATION „, Certified filed and/or recorded on ` i. : 9/14/2006 11:37AM Document: USE $46 `[}'b tio# 3606467 ”' B Count ,,mini + „: Y Y Recorder: Re ?urr. to: Kevin ,I ('orhid ECKBERG LAMMERS BRIGGS WOLFF & VIE 1609 NORTHWESTERN AVENUE STATE OF MINNESOTA ) STI STIi :. `dVATER MN 55082 COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: Conditional Use Permit For Positive Companies, Inc. Oak Park Heights Marketplace (NAC File No. 798.02 -06.01 and OPH File No. 06- 04.07) with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a full, true and complete copy excluding referenced attachments, which can be viewed at the city offices, of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak Park Heights, this 26th day of July, 2006. Eric J. f son City dministrator i;';\ 5 ol U lLOj ViJJ' CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMIT For POSITIVE COIVIPANIES INC. TO ALLOW FOR A DRIVE -IN AND CONVENIENCE FOOD ESTABLISHMENT IN A RETAIL /OFFICE BUILDING REFERRED TO AS OAK PARK HEIGHTS MARKETPLACE, LOCATED OFF OF NEAL AVENUE NORTH, EAST OF STATE HIGHWAY 5 File No.: 798.02 -06.05 Date Issued: May 23,2006 Legal Description: (Washington County Geo. Code 06.029.20.11.0019) LOT 1, BLOCK 1, JACOB 2ND ADDITION Owner: Oak Park Heights Retail Center, LLC Address: 3800 Wells Fargo Center 90 South 7th Street Minneapolis, MN 55402 Applicant: Positive Companies. Inc 668 Jenks Ave Suite 200 St. Paul, MN 55106 Site Address: Washington County Geo. Code 06.029.20.11.0019 — Postal Address not yet assigned Present Zoning District: B -2 General Business District Permitted uses set forth in Ordinance 401 Section 401.30 E I. CONDITIONAL USE PERMIT: to allow for a drive -in and convenience food establishment in a retail/office building. • All uses shall be subject to the following conditions and/or restrictions imposed by the City Council Resolution of the City Council of the City of Oak Park Heights as follows: 1. The grading, drainage and utility plans are subject to the review and approval of the City Engineer. 2. The proposed signage for the site shall be consistent with Section 401.15.G of the Zoning Ordinance and the sign design guidelines submitted by the applicant. A sign permit shall be obtained prior to the erection of any signs on the subject site. 3. Landscaping plans shall be subject to the review and approval of the City Arborist. 4. The applicant shall obtain a driveway access permit from the Minnesota Department of Transportation (MnDOT) for the additional access to accommodate the drive- through. 5. The applicant must submit additional lighting plans detailing the proposed exterior building lighting, subject to City staff's review and approval. Mounted pole height for the proposed parking area lights shall not exceed 25 feet. 6. As access to the site and drive - through area may become problematic, the City shall maintain a right to review the conditional use permit and shall have the right to require the developer to make modifications to the site access and traffic circulation patterns should traffic use of, or to the site, create a public safety problem. 7. Sound levels from ordering and announcement equipment shall be in compliance with Section 401.15,B.11 of the Zoning Ordinance. And the following have been imposed by recommendation of the City Engineer: 1. The drive -thru lane width appears to be only 13' curb to curb (10 feet of pavement), and the centerline radius of the exit curve appears to be only approximately 15'. These geometrics need to be analyzed to ensure adequate turning movements. 2. The drive -thru exit shall allow for right turn only movements, due to the proximity to the Arby's and Stillwater Ford driveways, as well as due to the curve on Neal Avenue and site distance. This should be signed as such, but also the driveway exit should be physically configured accordingly (reverse the northerly curb return to direct traffic to the south). 3. The original plans for this parcel were for the Stillwater Ford Conversion Van Center, The building was never constructed, but sewer and water services under the parking lot to serve the building were part of the plans. Former sewer and water services as constructed need to be removed and/or properly abandoned. 4. The proposed plans minimally increase the amount of impervious surface on the site. The applicant shall submit plans to the Valley Branch Watershed District for their review /permitting process. In. Reference Attachment: The reports of the City Planner dated May 4, 2006 and site plan approved by the City Council are annexed hereto by reference. IV. Abandonment: This permit requires continuous use in order to preserve the Conditional Use granted by the City under the terms hereof. Any discontinuation or abandonment of the uses permitted hereunder upon the site for a period of 12 continuous months shall constitute abandonment and void the permit. V. Annual review: Annual review by the City is not imposed as a condition of this permit IN WITNESS WHEREOF, the parties have set forth their hands and seals. CIT II F OAK P • ' HEIGHTS Date: By 1 _�_._ a v i , .: eaudet M. ,r Date: 2,,4 By jP 7 ric Johnson City Administrator Oak Park Heights Retail, LLC cc.vt2 Date: 7 ' `' By �� --' Y CUP Permit Holder Print Name: /Ce.' A A. S' f "-, r , EXHIBIT "A" PLANNERS REPORT AND SITE PLANS ECKBERG LAMMERS ATTORNEYS AT LAW 1809 Northwestern Avenue, Suite 110 Writer's Direct Dial: (651) 351 -2118 Stillwater, Minnesota 55082 (651) 439 -2878 Writer's E -mail: Fax (651) 439-2923 mvierling @eckberglammers.com www.eckberglammers.com October 30, 2006 Mr. Eric Johnson Ldp _ Cpl G City Administrator City of Oak Park Heights 14168 Oak Park Blvd. N. Oak Park Heights, MN 55082 Re: Conditional Use Permit for Positive Companies, Inc. (Oak Park Heights Retail Center, LLC) Dear Eric: Enclosed herewith for your files please find the original record- s - : - . copy of Conditional Use Permit which has been recorded as Document No. 3606' . in the office .f the Washington County Recorder. Ye rs - - ruly, Mark J. Vierling MJV /sdb Enclosure ECKBERG, LAMMERS. BRIGGS. WOLFF VIERLING. PLLP Family Law / Divorce • Business and Commercial Law • Criminal Law • Personal Injury / Wrongful Death Estate Planning / Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation