HomeMy WebLinkAbout2000-01-20 CA Ltr to OPH Re Development Lighting - Rainbow Foods • /"•\ /� \ r'
LAW OFFICES OF JAN 2 1 2000 II
��T Vierling. D T
Eekberg. Lammers. Briggs. Wolff V ierling. 1..L P.L.L.P.
1835 Northwestern
Minnesota .'venue ..... _...... ......--- -- --- - -- - - -.
James f . Lammers Stillwater. Minnesota 55082 Paul A. Wolff
Robert G. Bri (651) 439 -2878 (19444996)
Mark J. Vierling* F:A1 651 439 - 2923
Gregor G. Gallery FAX" ( 651) L J. Fehber�
Of Counsel
Thomas J. Weidner*
Susan D. Olsen. Direct Dial No.: (651) 351 -2118 *Qualified Neutral Arbitrator & Mediator
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*Qualified Neutral Arbitrator
David K. Snyder *Certified {teal Estate Specialist
Tan E. Maurice January 20, 2000 .Qualified Neutral Mediator
Lc at 6tkc
Mr. Thomas Melena
City Administrator
City of Oak Park Heights
14168 - 57th Street North
P.O. Box 2007
Oak Park Heights, MN 55082
Re: Oppidan Development Agreement, June 23, 1997
Dear Mr. Melena:
We have reviewed the Developer's Agreement signed by KTJ Limited Partnership
Eleven, a Minnesota limited partnership by Oppidan, Inc., its general partner as it affects the
Rainbow site on the issue of lighting per your request.
Within the document is contained the following paragraph which is located on page 3 at
paragraph G:
"The developer shall . furnish site lighting in accordance with the city
ordinance requirements pursuant to a plan which must receive the approval
of the city planner."
As it affects the issue of the wall pack lighting on the north side of the Rainbow Foods
building, an inquiry should be made at the office of the city planner as to the site lighting plan and
its approval and what specifications are set forth within the plan as it affects that wall pack lighting.
Presuming that the plan as submitted shows wall pack or type lighting that is in
conformance with the then city ordinance, the developer would have complied both with the
ordinance and the Development Agreement as of that time and no further requirements may be
imposed. If in fact the wall pack lighting does not conform with the plan as approved by the city
January 20, 2000
Page 2
planner, we may require the developer or site occupant to exchange that lighting for that which is
specified within the city's ordinance as of the date of the Development Agreement.
Yours very truly,
M k J. Vierling
MJV /jp
cc: Scott Richards (via fax)
JAN -24 -2000 13:49 NAC 612 595 9937 P.02/04
a4 UK I HWt51 ASSOC.:IAI tU C:C NSUL'IANT5
fi Ck
INC 5 775 WAYZATA BOIa _.cVARD, SUITE 55'5
ST.LOUIS PARK. MINNESOTA 554 1 6
TRANSMITTAL PHONE (6 1 2)595 -9635
DATE : 24 June 1998 NUMBER
�-' - -- O F PAGES
TO : I N C L U D I N G
Keith Ul stad
COVER:
FAX - 338 -8495
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3 i
FROM : Scott Ri chards
QUANTITY: MATERIAL /DESCRIPTION: DATED:
Oppidan Landscape Plan Memorandum
VIA: REMARKS:
MAIL
Please note the changes that need to be made to
existing lighting fixtures on site. Call if you have I
questions.
FAX
71
PICK UP
DELIVERY
PROJECT: Oak Park Heights - Oppidan Landscape Plan
JOB NUMBER: 798.02 - 97.11
JAN -24 -2000 13:49 NAC 512 595 9837 P.03/04
ORTHWEST ASSOCIA :D CONSULTANTS
INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
MEMORANDUM - AMENDED
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TO: Tom Melena
FROM: Scott Richards
DATE: 24 June 1998
RE: Oak Park Heights - Oppidan Landscape Plan
FILE NO: 798,02 - 97.11
Our office has received the final landscape and lighting plans for the Oppidan
Development at 58th Street and Neal Avenue North. We offer the following comments
concerning both plans.
Landscape Plan
The landscape plan has been revised to address all of the City staff and City Council
concerns that were raised during the development review process (see attached). The
numbers of landscape materials used for this development is significant and will provide
attractive views of the site from the surrounding properties and along the roadway rights -
of -way. The buildings and parking Tots will be adequately screened on the southeast
border so as to reduce visual and noise impacts for the Autumn Ridge neighborhood.
The plans call for the use of shrub roses, daffodils and prairie grasses in large numbers
to add interest to the storm water ponding areas. Trees have been grouped along the
roadways to provide alternative screening and views into the site as we had requested.
Finally, the use of plantings adjacent to the buildings will attractively enhance the facades
and make the development more pedestrian friendly. The plan will achieve many of the
objectives within our draft design guidelines for landscaping.
Lighting Plan
A photometric lighting plan for the development has been submitted (see attached). The
lighting plan is consistent with the Zoning Ordinance requirements in that none of the
fixtures will cast light on a public street at an intensity of more than one (1) foot candle.
5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK. MINNESOTA 554 1 6
P1-'>95.9636 FAX 61 2.595-9837 E - MAIL @ WINTFRNET.COM
JAN -24 -2000 13:49 NAC 612 595 9837 P.04/04
Additionally, the lights will also not cast Tight on a residential property beyond the (.4) foot
candles allowed.
The developers will be required to make three additional changes to the fixtures existing
on the site. These changes were affirmed at the 23 June 1998 City Council meeting in
which the Council determined that they will need to be completed before issuance of any
building permits or further requests for PUD amendments.
1. They are to change the wall packs on the south wall of the retail buildin g labeled
as "Retail D" on the attached plans from the existing fixtures to "shoe box" style with
a cut off of ninety (90) degrees or Tess.
2. The wall packs within the Rainbow loading area will need to be changed to a "shoe
box' style consistent with the wall fixtures that already have been changed to date.
3. The parking lot lights installed in the development do not comply within the
shielding requirements of the Zoning Ordinance. No part of the lens should
protrude below the "box" of the fixture (see attached). The developers will be
required to change the lens so that is compliant with the Zoning Ordinance.
pc: Allan Kretman
Joe Anderlik
Mark Vierling
2
TOTAL P.04
. JAN -24 -2000 13:49 NAC 612 595 9837 P.01/84
I }RTHWEST ASSOCrAT_ J CONSULTANTS
INC COMMUNITY PLANNING - DESIGN - MA RKET RESEARCH
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MEMORANDUM - Via Fax Transmission
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TO: Tom Melena /Mark Vierling .
FROM: Scott Richards
DATE: January 24, 2000
RE: Oak Park Heights Oppidan Lighting •
FILE NO: 798.04
In response to your January 20, 2000 letter regarding the Oppidan site lighting issues,
please find a memo dated June 24, 1998 that was sent to Tom Melena and Keith Ulstad
of Oppidan. The memo emphasizes the requirement that the wall packs be changed to.a
"shoe box' style consistent with the other wall packs that had already been changed. The
lighting to be changed references the fixtures within the Rainbow loading area and on the
north side of the building.
The entire Oppidan development fell under the lighting 'requirements' adopted by the City
Council on October 14, 1997. These requirements require full "cast off' fixtures that direct
Tight at an angle of ninety degrees or less. The fixtures within the loading area and on the
north side of the building do not comply with this requirement. .
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If you have any questions or require any additional information, please do not hesitate to
call.
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pc: Kris Danielson
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 5541 6
PHONE 61 2 -595 -96 FAX 6 2 -595 -9837 E -MAIL NAC@ WINTERNET.COM
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