HomeMy WebLinkAbout2001-04-11 OPH Ltr to CA Forwarding Document for RecordingApril 11, 2001
Mr. Mark Vier ling
Eckberg, Lammers, Briggs, Wolff & Vierling
Attorney's at Law
1835 Northwestern Ave.
Stillwater, MN 55082
Re: Wal-Mart Stores, Inc. - Conditional Use Permits
Subject Address: 5815 Norell Ave. N., Oak Park Heights
Planners File No. 798-02-00.17
Dear Mr. Vierling:
Enclosed herewith for filing at the Washington County Recorder's Office, please find the
Conditional Use Permits for Wal-Mart Stores, Inc., along with Notice of Certification.
I have forwarded the second original to Wal-Mart Corporation in Bentonville, AR and have
copied Sandra Sleichner, Wal-mart Manager at 5815 Norell Ave. N. The third signed, original
has been placed in the City's property folder for this address, as part of the file for this matter.
Sincerely,
Julie A. Hultman
Community Development
ME:
Enclosure
•
CITY 01
OAK PARK HEIGHTS
14168 North 57th Street • P.O. Box 2007 • Oak Park Heights, MN 55082-2007 • Phone: 651/439-4439 • Fax: 651/439-0574
Tree City U.S.A.
COPY
STATE OF MINNESOTA
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
NOTICE OF CERTIFICATION
1, the undersigned, being duly qualified and acting as Secretary for the Community
Development Department of the City of Oak Park Heights, Minnesota DO HEREBY
CERTIFY that I have compared the attached document:
2001.
(Seal)
Conditional Use Permits
For
Wal-Mart Stores, Inc.
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 Heights, this llth day of April,
Juli A. Hultman, Secretary
Community Development Department
Owner: Wal-Mart Stores, Inc,
Address: Mitchell Building
701 South Walton Boulevard
Bentonville, AR 72716
Site Address: 5815 Norell Ave No.
Oak Park Heights, MN 55082
Present Zoning District: CBD
Permitted uses set forth in Ordinance 301
I. CONDITIONAL USE PERMIT FOR:
General Description:
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMITS
FOR
WAL MART STORES, INC.
File No.: 798.02 — 00.17 Date Issued: January 9,2001
Legal Description: (Washington County Geo. Code 05.029.20.12.0034 and 05.029.20.21.0021)
Lots 3 and 4 Block 1, Wal-Mart Addition
All uses shall be subject to the following conditions and/or restrictions imposed by the City Council of the
City of Oak Park Heights.
1. Wal-Mart Stores, Inc. has sought an amendment to their conditional use permit to add an expansion of
the outdoor sales and storage area at their store. The outdoor sales and storage area will be expanded to
the west line of Lot 3, Block 1, Wal-Mart Addition with berming and vegetative screening to be placed
into Lot 4, Block 1 Wal-Mart Addition, and additional vegetative screening to be placed along 58
street within Lot 3, Block 1, Wal-Mart Addition.
2. The expanded area to be located west of the existing building will be used for storage of items related
to outdoor sales. Items will include semi trailers that are needed for inventory transporting, story
storage
g
carts for on site inventory storage, and cardboard boxes or crates for recyclin g at the store.
3. Except as otherwise provided herein the terms and provisions of the existin g Conditional Use Permit
for Wal -Mart Stores, Inc shall remain in full force and effect.
II. ADDITIONAL RESTRICTIONS AND PROVISIONS.
The following additional restrictions and provisions being part of the Conditional Use Permit to be issued
herein affecting the following matters shall be:
A. Accessory Buildings: Not Applicable.
B. Fencing: Compliance with existing codes is required for any fencing to be erected on site.
C. Exterior Storage: Allowed on the west side of the store as provided in the area depicted in the
. l?
attached plan (Exhibit II. C.).
De Chemical/Pollutant Storage and Disposal: None Allowed.
E. Screening: As per attached plan (Exhibit IL E.)
F. Landscaping: As per attached plan (Exhibit II. F.)
The applicant shall enhance the landscape plan by planting a continuous band of evergreen
trees on the top of the berm with deciduous trees planted slightly west of the evergreen trees.
The final landscape plan shall be subject to the review and written approval of the City
Arborist.
The City Arborist shall review the existing landscaping on the southerly berm and determine
if adequate planting materials are present to provide screening for residences in Boutwell's
landing project. The city arborist shall approve any additions to the landscape plan as may
be required to adequately screen the outdoor sales and storage area
G. Lighting: All lighting within the outdoor sales and storage area shall be reconfigured to be
compliant with Code Sec. 401.15 B. 7 of the zoning ordinance as it relates to outdoor lighting.
The applicant may consider but is not required to reconfigure all lighting within the Wal-
Mart site to comply with Code Sec. 401.15 B. 7 of the zoning code.
H. Parking: As is currently provided for on site.
1. Hours of Operation: Not regulated.
J. Advertising/Signage: As is currently provide for on site.
K. Drainage: As is currently provided for on site.
L. Other:
1. The material being stored must be related to the regular business of Wal -Mart, Inc.
2. The applicant shall combine Lots 3 and 4 Block 1, Wal -Mart Addition into one tax parcel.
Lots 3 and 4, Block 1, Wal -Mart Addition shall be considered as one parcel for purposes
of the City Subdivision and Zoning codes.
3. Alt plans affecting the site easements and utilities are subject to the review and written
approval of the city engineer.
III. Reference Attachment:
The recommendations of the City Planner as adopted by the City Council are annexed hereto be reference.
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
Date: y / / /Q/
Date:
Date:
�GD
David Beaudet
Mayor
Thomas Melena
City Administrator
Applican ' ermit Hol er
Date: By
Applicant/Permit Holder
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RE:
FILE NO:
pc: Greg Frank, MFRA
Kris Danielson
NORTHWEST ASSOCIATED CONSULTANTS,
MEMORANDUM
TO: Tom Melena
FROM: Scott Richards
DATE: January 18, 2001
798.02 — 00.17
5775 Wayzata Boulevard Suite 555, St. Louis Park., MN
Tel phon : 952.596.9636 Facsimile: 9 2.595.9837 -
Oak Park Heights Wal -Mart Stores Inc. - Amendment of a
Conditional Use Permit for Outdoor Sales
As you are aware, the City council at their January 2001
ry meeting approved the
amended conditional use permit to allow for expansion of the outdoor door sales and storage
area at Wal -Mart. The amended CUP was approved with the six conditions nd itions as found in
the December 19, 2000 memo as attached.
Three conditions, numbers 2, 4 and 5, related to required changes ages to the existing site.
Staff would offer the following guidance to the applicant in addressing dressing these conditions:
Condition 2: The city Arborist has provided a memo dated
January 17, 2001 and a
plan designed . to address gaps in the landscaping on the southerly g ly berm (see attached).
The City would expect the applicant to incorporate these changes ges when the berm and
plantings are installed on the west side of the storage area.
Condition 4: The applicant shall provide roof of lot combination on prior to making the
changes as approved with the site plan.
Condition 5: The freestanding light fixtures within the outdoor sales and storage area
and throughout the site are compliant with the ordinance requirements `
q if the fixtures are
less than 25 feet in total height. The applicant will need to correct
the pole height if non -
compliant. In addition, there are three wail fixtures on the west side
of the Wal-Mart
building that are not shielded to 90 degrees or Tess. These fixtures will need to be
replaced with appropriate fixtures. Examples of compliant fixtures can b
P be found on the
building that contains the Rainbow Foods store within the
Oak Park Ponds
Development. Light fixtures within the garden center structure should
also be made
compliant with the requirements.
RE:
MEMORANDUM
TED NSULTANTS, INC.
5775 tNayzata Boulevard, quite 555 ...... ..................... -.. -, ...............
Telephone: 952.595.9636 Facsimile: � st. Lau�s Park, MN 554.1 5
le. 95�. 59� . �C37 planners@ nacpianni
ng.carn
TO: Tom Melena
FROM: Scott Richards
DATE: December 19, 2000
Oak Park Heights — Wal -Mart stores
Inc. Amendment of
a conditional Use Permit for Outdoor Sales
FILE NO: 708.02 — 00.17
The Planning Commission, at theft December �
her 14, 2000 meeting, voted unanimously
recommend an amendment to a co to
conditional use permit to allow for expansion
outdoor sales and storage area of the
at Wal -Mart. The subject site is zoned
i 0E30, Central
Business District in which open and outdoor sales as an accessory use. The expanded ccessory use �s a listed
p ed area, to the west of the building,
of items related t �, be used for storage
0 outdoor sales. Items stored will include se
try rni traders that are needed
for inventory transporting, storage carts used for on -site inventory storage, and
cardboard boxes or crates for recycling at their. store.
Representatives of Wal-Mart were resen
p tat the public hearing. Greg Frank of
McCombs, Frank, Roos and Associates expressed g
xpressed a concern about Condition 3 in the
Planning Report related to combining Lots .
g s 3 and �; Block 1 of Wal-Mart Addition. Mr. to the r '
Frank indicated that they would agree e cond�t�on to allow the CUP to be approved
but may look at a replat at some later date �p ,
to change the lot line configuration.
Manning Commission members expressed p concern about the existing parking lot l; hts
not meeting the full cut off requirements of Additionally, g
the honing ordinance. the
expressed concern about the existing berm they
g ern- and landscaping to the south of the
storage/sales area as it relates to screening for
g the multi-story residential units in the
8outwel# s Landing development. The Planning commission recommended the
amendment to the conditional use erns it with two o addrtronal conditions related to
lighting and landscaping:
1. The applicant shall enhance
ce the landscape plan lantin
of Y planting a continuous band of
evergreen trees on top the berm with deciduous
trees planted slightly evergreen trees. The landscape plan shall Y west ®f
of the City be subject to review and approval
pproval
2. The City Arborist shall review the existing landscaping
ua � g on the southerly
berm and determine if adequate to planting materials are re
p ,Sent to provide
screening for the residential units in the Boutwell's Landing •
approve tl g pro�eet The city Arhorist shall a
pp any additional landscape plan required p n required to
adequately screen the outdoor sales and storage area.
3. The plans as they relate t
Y to existing easements or utilities
are subject to City
Engineer review and approval.
The applicant shall combine
Lots 3 and 4, Block 1, Wal-Mart Addition � Addition so that the
outdoor sales and the screening occur on the same
property.
5. Ali lighting within the outdoor sales and storage area shall be
reconfigured
to be compliant with Section 4O .1513.7 of the Zoning Ordinance g drnance as it
relates to outdoor lighting. The applicant may Y consider, but is not
required, to reconfigure all lighting within the Wal -Mart
Section 401.15.8.7 of site to comply with
the Zoning ordinance.
6. Material being stored must be
related to the regular business of Wal-Mart.
Marl±4
pc: Kris Danielson
VAC
From: "K.D. Widin" <kwidin C mmmpcc.org>
To: <p lan ne rs @ nacplann in g.com>
Sent: Wednesday, January 17, 2001 1:51 PM
Subject: Scott Richards - Wal -Mart Landscape Plan
Scott -
I have reviewed the proposed landscape plan and made a site visit
to view the existing landscaping at the Wal -Mart facility in Oak Park
Heights. In order to screen the outdoor sales and storage area from
residents of the B outwell's Landing development, additional trees will need
to be planted. Though there will be no living units directly across 58th
St. from the facility, the residents of townhomes on the west side of
Boutwell's Landing, as well as in the high -rise further to the east, will
both be able to view the outdoor sales and storage area. The
recommendations for additional landscaping are as follows:
1. The plantings of evergreens proposed for the west berm should be
extended all the way to the west end of the plantings on the south berm to
close up the southwest corner of the planting and screen the area from the
residents on the west side of B outwell's Landing.
2. To screen the outdoor sales and storage area from residents in the high
rise will require additional evergreens to the south of the existing
plantings on the south berm wherever there are gaps or thin areas in the
current planting. Though the landscape plan identifies the existing
evergreens as spruce, except for a few spruce on the west end, all the
other evergreens are pines. I would recommend that the additional
evergreens be a mixture of 'Black Hills' spruce (Picea glauca densata) and
red pine (Pines resinosa). To adequately screen the outdoor area, the
additional evergreens will need to be added not only just south of the
proposed facility but all the way across the south expanse of the current
building, since the high rise is well to the east and residents would be
viewing the outdoor area from an angle. To cover gaps in the existing
planting and also make the line of trees thicker, I estimate that it will
require an additional 20 to 25 evergreens. It will be difficult to
entirely screen the view, since the high -rise will be several stories high
and the trees will not grow tall enough to screen it entirely.
I will prepare a revised plan showing the proposed locations of
additional evergreen plantings. I will give you the plan at the OPH Staff
meeting on Wed. 1117.
Kathy Widin
J
Municipal Arborist
City of Oak Park Heights
Page 1 of 2
1/17/2001