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HomeMy WebLinkAbout2012-12-10 WC Recorded Document #3920593 + Receipt:# 207414 3920593 USE $46.00 Return to: ECKBERG LAMMERS BRIGGS WOLFF & VIERL Certified Filed and /or recorded on: 1809 NORTHWESTERN AVE #110 12/10/2012 9.34 AM STILLWATER MN 55082 3920593 Office of the County Recorder Washington County, Minnesota Jennifer Wagenius, County Recorder INTERIM USE PERMIT - FURY JEEP NOTICE OF CERTIFICATION STATE OF MINNESOTA ) 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: Interim Use Permit — Fury Jeep Leonard Investments, LLC 14702 60 Street, N. 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 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 eigh s, this 29 day of November, 2012. E • c ,fo on City Ad inistrator CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY MINNESOTA INTERIM USE PERMIT FURY -JEEP LEONARD INVESTMENTS, LLC File No.: 236.02 -12.08 Date Issued: October 23,2012 Legal Description: (Washington County Geo. Code: 33.030.20.43.0042) See Attached Exhibit "A" Owner: Leonard Investments, LLC. 1000 South Concord St. South St. Paul, Minnesota 55075 Applicant: Philips Architects & Contractors Inc _ 227 Colfax Ave. Suite 100 - Minneapolis, Minnesota 55405 Site Address: 1470240' Street North, Oak Park Heights, Minnesota Present Zoning District: B - 2 General Business District Permitted uses set forth in Ordinance 401 Section 401.301 I. INTERIM PERMIT: The Applicant plans to occupy the existing building on the site until a new dealership facility or a substantial renovation is proposed. At that time the required site and building updates will be made. This occupancy will be a temporary facility for the dealership. Approval of the use would be for a period of three years, with the possibility of an extension by the City Council. All uses shall be subject to the following conditions and/or restrictions imposed by the June 22, 2010 Resolution of the City Council of the City of Oak Park Heights as follows: 1. The Interim Use of the site by Fury Jeep shall be limited to three years from the date of City Council approval. The applicant may request an extension of the Interim Use Permit by the City Council prior to its expiration. 2. The City will not require conformance with the Design Guidelines as part of the Interim Use approval. 3. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. 4. All new lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. All visible interior lighting shall also be full cut off. 5. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 6. Changes to the landscape or new plantings are subject to review and approval of the City Arborist. 7. Any new mechanical equipment that is located on the roof or ground level and visible from street level or from neighborhood properties shall be screened with materials that blend harmoniously with the building facade materials. 8. The trash and recycling containers shall be stored inside the building or within the existing exterior enclosure. 9. The display with the Jeep on the boulders shall be allowed to remain for the duration of the Interim Use Permit. Signage on the Jeep shall be allowed for 90 days after opening of the Jeep dealership. 10. The sign specifications and methods of illumination shall be subject to review and approval of the City Planner at the time of permitting. 11. The City Council approves the proposed changes to the exterior of the building. Any exterior changes shall be subject to City Staff review and approval. 12. The use of an exterior announcement system shall not be allowed. 13. All storage of materials, parts and supplies shall be interior to the building. 14. All auto repair activities shall be conducted indoors and the overhead doors to service bays shall be kept closed at all times except when moving vehicles in and out. 15. Automotive sales and service shall not be conducted between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. r ^ f 16. The applicant shall receive and retain, if required, a Hazardous Waste Generators License for batteries, oil and tires from Washington County. II. REFERENCE ATTACHMENT: The reports of the City Planner dated October 3, 2012 and site plan approved by the City Council are annexed hereto by reference. III. 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. N. ANNUAL REVIEW: Annual review is not imposed as a condition of this permit IN WITNESS WHEREOF, the parties have set forth their .1 ds . I d seals. CITY � r I IG r / ► Date. By 1�.� „=J2 Arj Date: 1' 2, )11--- a, 4 cJos - &. ity Ali.. *stator if LEONARD 0 STMENTS, LLC. O Date: By Ar �__ Its: 41 h, ' I EXHIBIT "A" LEGAL DESCRIPTION Parcel C: Block 4, Summit Park, Washington County, Minnesota, excepting therefrom the East 362.80 feet thereof. Together with the South One -half (s ' /2) of vacated Clara Street lying between the West line of South Fourth Street and the East line of Meridian Street, now known as Oren Avenue, except the East 362.80 feet thereof. Torrens Certificate No. 55715 • Parcel D: All of Blocks 5 and 8, Summit Park, except the East 181 feet thereof, except that part taken for highway; also together with the vacated William Street and the South half of vacated Myron Street accruing thereto, together with an easement for ingress and egress over and across the Westerly driveway located on the East 181 feet of said Blocks 5 and 8 of Summit Park; Washington County, Minnesota. Abstract Property The above description describes the same property as in Title Commitment File No. 31842 of Commercial Partners Title, LLB, dated April 1, 2009. EXHIBIT "B" PLANNER'S REPORT - OCTOBER 3, 2012 AND SITE PLANS • 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPC @PlanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: October 3, 2012 RE: Oak Park Heights — Fury Jeep — Automotive Sales and Service - Interim Use Permit —14702 60 Street North FILE NO: 236.02 — 12.08 BACKGROUND David Phillips, of Phillips Architects and representing Fury Jeep, has made application for an Interim Use Permit to allow for automotive sales and service at 14702 60 Street North. The intent is to operate a Jeep sales and service operation out of the existing building on the former Denny Hecker dealership site at Highway 36 and Osgood Avenue. The property is zoned B -2, General Business District in which automotive sales and service is a Conditional Use. The Applicant plans to occupy the existing building and site until a new dealership facility or a substantial renovation is proposed. At that time the required site and building updates would be made. In that this will be a temporary facility for the dealership, the application is being processed as an Interim Use Permit so that an end date can be placed on the approvals. Attached for reference: Exhibit 1: Project Narrative Exhibit 2: Site /Signage Plan (A2.0) Exhibit 3: Exterior Elevations and Signage Details (A3.0) Exhibit 4: Site Survey Exhibit 5: Pictures of Site /Building (Four Pictures) ISSUES ANALYSIS Project Description. The description of project by Mr. Phillips within the project narrative is as follows: Background: Leonard Investments, LLC is purchasing the property at 14702 se Street North from Wells Fargo Bank. The property has been an automotive sales and service facility in the past. The most recent dealer closed the facility about 4 years ago due to severe legal and financial difficulties. Proposed Use and Zoning: The proposed use for the property remains new and used car sales and service of vehicles. There will be no body shop or paint booth at the new facility. The underlying zoning is 82 General Business. This application is for an Interim Use Permit to re -open the facility. Initially, Leonard Investments will operate a Jeep franchise at the property. Proposed Timing of Future Site Improvements: There are changes proposed to the frontage road and intersection of Osgood Avenue and Highway 36. These changes are related to the construction of the new bridge over the St. Croix River. Leonard Investments will propose plans for a new dealership facility or substantial renovations to be started with 24 months after the final roadway plans and City redevelopment guidelines are available. Signage: A signage plan has been submitted. The requested signage is less than allowed. Please note that the Fury and Jeep signs on the front fascia are separate as a condition of the Chrysler approval. There is a request for a temporary display of a new Jeep displayed on a pile of boulders with signage announcing the re- opening of the property. Comprehensive Plan. The Comprehensive Plan designates this area as Commercial on the Proposed Land Use Map. The use of the prop erty_ for automotive sales and service is consistent with this land use designation. Zoning Ordinance. The property is zoned B -2, General Business District in which automotive sales and service is a Conditional Use. The Applicant has applied for approval under an Interim Use Permit to occupy the existing building and site until a new dealership facility or a substantial renovation is proposed. In that this will be a temporary facility for the dealership, the application is being processed as an Interim Use Permit so that an end date can be placed on the approvals. 2 City Staff has discussed the timeline with the Applicants and a three year limit on the Interim Use Permit was agreed upon. The timeline could be extended by the City Council prior to the expiration of the permit. Section 401.05. Administration — Interim Use Permits outlines the allowances and criteria for uses that are to be located on a property for a limited time period. The criteria for the Interim Use are reviewed later in this report. The report also includes a review of the Conditional Use Permit criteria for automotive sales and service. Even though a CUP is not being considered, the criteria are relevant to the review of a car dealership. Parking and Traffic. There is adequate parking for a car dealership, customers and employees. Lighting. The existing light fixtures will not be changed at this time. Any new lighting of the site or at the time of renovation the site will need to be in compliance with the Zoning Ordinance and subject to review and approval of City staff. Signage. A temporary signage plan has been proposed that would consist of two wall signs on the facade facing 60 Street. Two other informational signs are on the west elevation indicating service and the express lane for service. The signs are considered temporary and are within the size limitations for this business. One freestanding sign is proposed that will be 20 feet in height and consist of 53.5 square feet. Overall the total square footage of site signage is 179.5 square feet. The Applicants have proposed a display with a Jeep on a pile of boulders with signage announcing the re- opening of the property as a vehicle dealership. The Planning Commission should discuss if any additional limits on allowing this signage should be placed on the approvals. Trees /Landscaping. The Applicants are not proposing any changes to the landscaping at this time. They do concede that maintenance of the existing plantings is necessary and will contact the City Arborist for assistance in determining the maintenance required. Grading and Drainage. There will be no grading or drainage changes to the site. Any grading and drainage issues shall be addressed subject to review and approval of the City Engineer. Mechanical Screening. Any additional mechanical equipment added to the building or site will need to be screened in accordance with Zoning Ordinance requirements. Trash /Recycling. The Applicants should address where trash and recycling containers will be stored. The Planning Commission should determine if the containers should be screened. 3 Design Guidelines. The reuse of the existing structure for a car dealership shall be on a temporary basis. The building will not be changed from its current appearance except for paint and possibly the removal of the shingled awning on the front facade. The building changes will not be subject to Design Guidelines review. Interim Use Criteria: Section 401.05.0 of the Interim Use Permit section specifies a number of criteria for the review and approval of a use. A review of those criteria are as follows: 2. New Uses. a. Conforms to all zoning regulations as otherwise applicable. Comment: The use will be required to comply with Zoning Ordinance use standards and conform with performance standards for imp rovements made to the building and site. b. The date or event that will terminate the use can be identified with certainty. Comment: The use will be allowed to continue for three years from the date of City Council approval. • c. The existence of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. Comment: There should be no issues with public costs. d. The user agrees to any conditions that the City Council deems appropriate for permission of the use. Comment: The applicant will be required to agree to the conditions in writing. 401.30.E Conditional Uses: As indicated, please find below the review of the conditional use standards for automotive sales and service. It is recognized that the interim use will not need to fully comply with all of these items. 6. Open and outdoor services, sale, and rental as a principal or accessory use and automobile repair minor as an accessory use including new or used automotive, trucks, boats, or motorized vehicles and related accessory sales and provided that: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E of this Ordinance. 4 Comment: The outdoor sales areas will not be required to be fenced. b. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.8.7 of this Ordinance. Comment: The existing lighting is permitted. Any new lighting will need to comply with the Zoning Ordinance requirements. c. Sales and storage area is blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing. Comment: The sales and storage areas are already paved. d. The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. Comment: The existing building and site has functioned previously as a dealership and is not incompatible with the surrounding commercial areas. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. • Comment: There should be no service issues with this use. f. All islands in the parking lot shall be landscaped. Comment: Not required at this time but would be with a redeveloped site. g. A strip of not less than ten (10) feet shall be landscaped at the edge of all parking /driveway areas adjacent to lot lines and the public right -of -way. Comment: Not required at this time but would be with a redeveloped site. h. All automobile repair activities shall be conducted within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. Comment: This will be a condition of approval. i. Facilities on a site contiguous to any residential district shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. 5 • • • • Comment: This will be a condition of approval. j. Provisions are made to control and reduce noise in accordance with Section 401.15.8.11 of this Ordinance. Comment: Appropriate conditions will be added to the approval. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F of this Ordinance and shall be subject to the approval of the City Engineer. Comment: There should be no issues with the current vehicular access points. 1. A drainage system subject to the approval of the City shall be installed. Comment: The drainage system is in place. m. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. Comment: Addressed in another section. The signage shall be compliant. n. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. Comment: The criteria are found below. The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). The Planning Commission should comment if any of these criteria will be a odds with the interim use permit proposed for the site. City Staff does not see any issues. 6 • CONCLUSION AND RECOMMENDATION Based upon the preceding review, City Staff recommends approval of the Interim Use Permit to allow for automotive sales and service at 14702 60 Street North subject to the following conditions: 1. The Interim Use of the site by Fury Jeep shall be limited to three years from the date of City Council approval. The applicant may request an extension of the Interim Use Permit by the City Council prior to its expiration. 2. The City will not require conformance with the Design Guidelines as part of the Interim Use approval. 3. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. 4. All new lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. All visible interior lighting shall also be full cut off. 5. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 6. Changes to the landscape or new plantings are subject to review and approval of the City Arborist. 7. Any new mechanical equipment that is located on the roof or ground level and visible from street level or from neighborhood properties shall be screened with materials that blend harmoniously with the building facade materials. 8. The applicant shall indicate where trash and recycling containers will be stored. The Planning Commission should discuss whether the containers should be screened if stored outdoors. 9. The Planning Commission should discuss whether time limits should be placed on the display with the Jeep and signage. 10. The sign specifications and methods of illumination shall be subject to review and approval of the City Planner at the time of permitting. 11. The Planning Commission should comment on the changes to the exterior of the building. Any exterior changes shall be subject to City Staff review and approval. 12. The use of an exterior announcement system shall not be allowed. 13. All storage of materials, parts and supplies shall be interior to the building. 7 y , • 14. All auto repair activities shall be conducted indoors and the overhead doors to service bays shall be kept closed at all times except when moving vehicles in and out. 15. Automotive sales and service shall not be conducted between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. 16. The applicant shall receive and retain, if required, a Hazardous Waste Generators License for batteries, oil and tires from Washington County. • 8 • PHILLIPS Architects & Contractors, Ltd. September 12, 2012 Narrative for Conditional Use Permit Application Fury JEEP 14702 60 Street North, Oak Park Heights, MN Background Leonard Investments, LLC is purchasing the property at 14702 60 Street North from Wells Fargo Bank. The property has been an automotive sales and service facility in the past. The most recent dealer cloned the facility about 4 years ago due to severe legal and financial difficulties. Proposed Use and Zoning: The proposed use for the property remains new and used car sales and service of vehicles. There will be no body shop or paint booth at the new facility. The underlying zoning is B2 General Business. This application is for a Conditional Use Permit to re -open the facility. Initially, Leonard Investments will operate a Jeep franchise at the property. • Proposed Timing of Future 5ite Improvements: There are changes proposed to the frontage road and intersection of Osgood Avenue and Highway 36. These changes are related to the construction of the new bridge over the St. Croix River. Leonard Investments will propose plans for a new dealership facility or substantial renovations to be started with 24 months after the final roadway plans and City redevelopment guidelines are available. 4ignage: A signage plan has been submitted. The requested signage is less than allowed. Please note that the Fury and Jeep signs on the front facia are separate as a condition of the Chrysler approval. There is a request for a temporary display of a new Jeep displayed on a pile of boulders with signage announcing the re- opening of the property. This display is requested only until November 30, 2012, after which the boulders and the temporary signage will be removed. 227 Colfax Avenue., Suite 100, Minneapolis, MN 55405 Ph (612) 377 -3333 Fax (612) 377 -7337 www. phillipsarchitects.com a PHILLIPS Architects & Contractors, Ltd. September 12, 2012 Conditional Use Permit Application Fury JEEP 14702 60' Street North, Oak Park Heights, MN Contact List: Owner: Leonard Investments, LLC 1000 South Concord South St. Paul, MN 55075 Attn.: Jim Leonard Email: jimCpfurymotors.com Phone: 651 -451 -1313 Applicant /Architect: PHILLIPS Architects 227 Colfax Ave North Suite 100 Minneapolis, MN 55405 Attn.: David A. Phillips, AIA Email: dphi llipsaphillipsarchitects.com Office: 612 - 377 -3333 Fax: 612 - 377 -7337 Cell: 612 - 868 -1261 227 Colfax Avenue., Suite 100, Minneapolis, MN 55405 Ph (612) 377 -3333 Fax (612) 377 -7337 www. phillipsarchitects.com . 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