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HomeMy WebLinkAbout2005-02-22 CC Meeting Packet EnclosureOak Park Heights Request for Council Action Meeting Date February 22, 2005 Agenda Item Title: Wal-Mart Approvals (Amended CUP(s), Subdivision, Variances, Site Review) Time: 10 minutes Agenda Placement New Business Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature Action Requested Consider and A rove Resolution Please see attached from Scott Richards S1 Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): 1. City Council Resolution 2. Scott Richards Planning Report — 2/3/05 3. Final Planning Commission Resolution with Amendments — Unsigned Version and RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY WAL -MART FOR AN AMENDED CONDITIONAL USE PERMIT FOR OPEN AND OUTDOOR SALES AND STORAGE, SUBDIVISION AND LOT COMBINATION, SIGN CONDITIONAL USE PERMIT AND VARIANCE AND SITE PLAN/DESIGN GUIDELINE REVIEW BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Wal-Mart for an amended conditional use permit for open and outdoor sales and storage, subdivision and lot combination, sign conditional use permit and variance and site plan/Design Guideline review; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B 3. The subject site and planned Wal -Mart expansion area was designated as a commercial land use in the Comprehensive Plan and was zoned B -2, General Business District by the City Council on February 8, 2005; and 4. City staff prepared a planning report dated February 3, 2005 reviewing the requests by the applicant for the expanded Wal--Mart development; and 5. Said report recommended approval of the applications subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their February 10, 2005 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the request be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK FLIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted Wal -Mart for an amended conditional use permit for open and outdoor sales and storage, subdivision and lot combination, sign conditional use permit and variance and site plan/Design Guideline review and affecting the real property as follows: SEE ATTACFIMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights is the following: O Amended conditional use permit to allow open and outdoor sales and outdoor storage (includes seasonal garden center, temporary semi and shipping container storage, and remote drive - through pharmacy). O Subdivision/Lot Combination. Sign Conditional Use Permit and Variance. Site PlanlDesign Guidelines Review. And subject to the following conditions: 1. The final plat and all required easements shall be subject to review and approval of the City Engineer and City Attorney. 2. All access to Norell Avenue shall be subject to review and approval of the City Engineer. 3. A condition of this approval shall be that the applicant secure and locate access through the Wal -Mart property for the adjacent lands to the east in a manner to be approved by the City Planner and Engineer. 4. A plan for a crosswalk on Norell Avenue and sidewalk access to the front of the Wal- Mart store shall be provided by the applicant subject to review and approval of the City Engineer. 5. All parking shall comply with the minimum dimensional standards of the Zoning Ordinance subject to review and approval of the City. 6. The applicant shall research and provide a plan to the City Council for lowering the parking lot lighting levels during night time hours. 2 7. All lighting shall comply with the minimal standards of the Zoning Ordinance for height, type of fixture, and foot candle levels. 8. The landscape plan is subject to review and approval of the City Arborist. 9. The applicant shall provide the proposed eight foot wood fence and landscaping to fully screen the truck loading and outdoor storage area subject to review and approval of the City. 10. Outdoor semi - trailer storage shall be limited to no more than a 24 hour time period. 11. The grading, drainage and erosion control plans are subject to review and approval by the City Engineer and applicable watershed district. 12. The utility plans are subject to review and approval of the City Engineer. 13. The front elevation sign that reads "We Sell For Less" be removed from the allowable signage. The "Low Prices" sign shall be changed to read "Retail Center." The "Liquor" sign shall not be red in color but shall be a color consistent with the other wall signage. 14. No signage shall be allowed on the south building elevation other than directional and informational signage as allowed in the Zoning Ordinance. 15. One freestanding monument sign shall be allowed on site that shall be conforming with all provisions of the Zoning Ordinance. The existing pylon sign shall be removed. 16. All trash/recycling activities shall be totally contained within the building. There will be no outside dumpster storage. The applicant shall provide noise information for the trash compactor subject to review of the City Council. 17. The applicant shall provide adequate screening, subject to review and approval of the City, of all roof mechanical equipment. The roof equipment shall be painted to match the fa.ade colors. 18. The Planning Commission is favorable to the proposed building architecture, materials selection, and colors and finds the design consistent with the City's Design Guidelines. 19. The area identified on the submitted site plan as "gas lease area" shall be deleted and replaced with grass and landscaping. An Amended Conditional Use Permit with a revised site plan will need to be applied for and approved by the City Council to before allowing any automotive fuel station operations on the site. 20. All automobile repair activities shall be limited to 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 service areas. 3 21. There shall be no exterior storage of automobile parts, parked cars, or related items on the site. All storage shall be internal to the building. Any cars to be stored outside of the building shall be in full working order. 22. All noise created from automotive repair operations on the site shall be in conformance with Section 401.153.11 of the Zoning Ordinance. No outdoor speaker systems for the automotive repair operation shall be allowed. 23. The applicant shall receive and retain, if required, a Hazardous Waste Generators License from Washington County for the Tire and Lube Express. 24. The Tire and Lube Express operation shall not be operated between the hours of 10 :00 pM and 6:40 Ally. 25. The applicant shall provide battery and oil recycling programs as part of the Tire and pp p e rY Lube Express for small volume generators. 26. A condition of this approval is that the Applicant enter into a Development Agreement as prepared by the City Attorney and approved by the City Administrator containing provisions a i including but not limited to, the construction and placement of security for site mprovements, payment of city connection and park dedication fees, placement of security and requirements for extension and construction of city utilities for the site and related water sanitary sewer and storm sewer improvements. 2005. ATTEST: Approved by the City Council of the City of Oak Park Heights this 22 day of February pp Y tY tY Eric A. Johnson, City Administrator David Beaudet, Mayor 4 RE: BACKGROUND NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, u 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 76 .2 1 r 661 play ners @nacplal ;# ling+ rcom PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: February 3, 2005 FILE NO: 798.02 -04.16 Oak Park Heights Wal -Mart Expansion: Amended Conditional Use Permit, Sign Conditional Use Permit and Variance, Subdivision and Site Plan /Design Guidelines Review The City of Oak Park Heights has received a request for an amended conditional use permit, sign variance, subdivision and site plan /Design Guidelines review to allow for an expansion of the Wal -Mart store at 5815 Norell Avenue North. Wal -Mart has proposed purchasing Outlot A of the Haase Addition to add an additional 6.3 acres to the 18 acre site. The existing 97,744 square foot store would increase in size another 109,395 square feet for a total building area of 207,139 square feet. The store size will be increased to add a grocery line and automotive repair. A drive -up pharmacy element has been proposed as part of this request. Additionally, an area has been planned for automotive fuel sales that would not be reviewed at this time. The potential lessee of the site would apply for a separate conditional use permit to address the building, sign, and other site details. Wal -Mart had previously applied for a request to change the Comprehensive Plan designation and to rezone the property from CBD, Central Business District to B -2, General Business District. A planning report, dated January 6, 2005, outlined the Comprehensive Plan and zoning issues for the CBD. The Planning Commission held the public hearing on the issue at their January 13, 2005 meeting and continued the discussion to February 1, 2005 to allow for a joint work session with the City Council on this issue. Following the workshop, the Planning Commission recommended that the land use designation should be changed to commercial and the property be zoned B -2 District. Attached for reference: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Exhibit 10: Exhibit 11: Exhibit 12: Exhibit 13: Exhibit '14: ISSUES ANALYSIS Existing Conditions Diagram Preliminary Plat of Wal -Mart 2nd Addition Site Plan Grading and Erosion Control Plan Utility Plan Landscape Plan Landscape Details Tree I nventory /Preservation Plan Building Elevations /Sign Sign Details Lighting Plan Lighting Details Comments of City Arborist Draft Traffic Study Comprehensive Plan /zoning. The Planning Commission, at their January 13, 2005 meeting, held a public hearing to consider the request by Wal -Mart for the change in land use designation from CBD to commercial and for the rezoning to B -2. The meeting was continued to a special meeting on February 1, 2005. At that meeting, the Planning Commission recommended that the Wal -Mart property and expansion area be redesignated to commercial and the property rezoned to B -2, General Business District. The Planning Commission discussed the issues related to the automotive fuel station, the drive - through pharmacy and the auto repair area planned for the Wal-Mart store. These uses are allowed through a conditional use permit in the B -2 District. It was determined that the Planning Commission would discuss these issues as part of the site plan review process. The City Council will address the land use designation and zoning issues for Wal -Mart at their February 8, 2005 meeting. The City Council will also likely direct the Planning Commission to review and provide a recommendation on the land use and zoning issues for the remaining portions of the CBD. Setbacks. The original Wal -Mart and proposed site plan has been designed to B -2 District standards. The new plan will comply with the 40 foot front yard, 10 foot side yard, and 20 foot rear yard requirements. Additionally, all the parking lots and driveways are set back at least 10 feet from the property line. Subdivision. The applicant has submitted a preliminary plat that includes the combination of four parcels into one lot that will be known as Block 1, Lot 1, Wal -Mart 2nd Addition. This plat includes outlot A of Haase Addition that is the area that is being added to the overall Wal -Mart property to allow for the expansion. Park dedication had previously been paid on the first Wal -Mart Addition and on the Haase Addition. Wal -Mart Expansion Planning Report Page 2 Approval of the preliminary and final plats of this lot combination is subject to review and approval by the City Engineer and City Attorney. The City Engineer will review the plat for an y additional easements that might be required. Access. The site plans indicate that an additional truck access point will be made on Norell Avenue North, across from the existing Kohl's truck access. This entrance would be separated from the customer access, driveways and parking areas as requested by the City Engineer. The site plan also indicates that the two existing entrances on Norell Avenue are to be moved. The middle access point would move slightly to the north. The City Engineer has found this to be acceptable. The northerly access point is proposed to be moved further north near the property line. The City Engineer is not favorable to this and has requested a redesign so that the entrance does not move from its current location. Norwich Avenue is proposed to be constructed beyond Applebee's to connect with the existing 59th Street North right -of -way. This would enable a northerly access directly onto Norwich and the construction of a driveway access up to Norwich /59 Street. The City would also reserve the right to provide access to the east through Wal -Mart property, if necessary, to provide east/west access from adjacent development. Pedestrian access has not been addressed within the site plans. staff suggests that a crosswalk be added on Norell Avenue North to connect the existing sidewalk in the Kohl's development to a sidewalk that would connect to the front of the Wal -Mart store. Parking. The site plan indicates that after this expansion, a total of 1 ,035 spaces will exist on site. The Zoning Ordinance requires at least one space for every 200 square feet of floor area. Based upon the calculations found below, a total of 932 parking spaces would be required by Ordinance. 207,139 gross square feet X .9 = 186,425 square feet of floor area © 1 per square foot = 932 parking spaces Twenty --one spaces are provided as accessible spaces. This number is consistent with the Minnesota State Council on Disability standards for parking. If an automotive fuel station is approved, there would be adequate spaces to allow for that use. The site plan indicates a seasonal sales area. The original conditional use permit allowed for outdoor sales and it is expected that Wal -Mart will continue the sales area with the expansion. Approximately 50 stalls would be taken when the outdoor sales area is in operation. There is an adequate surplus in stalls to allow for the outdoor sales area. Most of the parking will meet the minimum dimensional standards of the Zoning Ordinance. One exception is in the southeast parking lot area where the stall length for the head -to -head stalls is only 18 feet. The site plan should be revised in this area to allow for 20 foot parking stalls and 24 foot drive aisles. Wal -Mart Expansion Planning Report Page 3 Lighting. A lighting plan with photometrics has been provided by the applicant. The lighting levels would be acceptable and consistent with Zoning ordinance standards. It is suggested that the applicant lower the lighting levels after the store closes to maintain adequate lighting for security but to reduce the amount of Tight from the site. The Planning Commission should discuss this issue. All of the lighting fixtures in the parking lot and on the building would be replaced with "shoe box" lighting fixtures with full cut off and shielding. The fixtures would be required to be installed so that the total height to the top of the fixture or pole would not exceed 25 feet. Landscaping /Screening. The submittals include a landscape plan with landscape details for the site. The plan proposes to remove most of the significant trees on the site and the existing berm on the property's south side. The City Arborist has provided comments on the plans as found in Exhibit 13 to this report. All landscaping plans shall be subject to the review and approval of the city Arborist. The proposed expansion will move the building and the loading /driveway activities to the south, adjacent to the property line. Staff has been working with the applicants to provide plans that will adequately screen the loading and outside storage operations from 58 th Street and adjacent residential development at Boutwells. The plans indicate an eight foot wood fence with a setback of only 10 feet for landscaping. Staff does not find that adequate for screening the truck delivery area at the southwest corner of the building or for the outdoor temporary container storage area near the southeast corner of the buildin g applicants provide a building. The a licants will rovide perspective diagram from 58 Street of p ers p how screening will be accomplished with the fence and landscaping. That perspective will be available at the Planning Commission meeting. Staff has suggested at least a 20 foot setback and possibly a berm with landscaping along the southern edge of the property for screening. Grading and Drainage. The submittals include a grading and drainage plan. Stormwater calculations have also been provided by the project engineer. All grading and drainage plans are subject to review and approval of the City Engineer and the review of the applicable watershed district. The proposed ponding near the intersection of Nord Avenue and 58 Street North will address the stormwater ponding for the site. Utilities. A utility plan has been submitted. The utility plan is subject to the review and approval of the Public Works Director and the City Engineer. Signage. The building elevations indicate the proposed signage for the building and site. Additionally, the applicants have provided a diagram showing sign dimensions. The B-2 District allows a maximum of 300 square feet of wall and freestanding signs. The site is allowed one freestanding sign and two wall signs. The sign plan for Wal- Mart proposes to exceed the allowable number of signs and overall allowable square footage of signage. The proposed signage is as follows: WaI -Mart Expansion Planning Report Page 4 Sign Wal -Mart Building: Wal -Mart Super Center Low Prices Food Center Tire and Lube Express We Sell For Less Liquor Garden Center Wal -Mart Tire and Lube Express Total Size 190 square feet 39 square feet 44 square feet 50 square feet 46 square feet 68 square feet 18 square feet 57 square feet 40 square feet 552 square feet Proposed Location Front Elevation Front Elevation Front Elevation Front Elevation Front Elevation Front Elevation Front Elevation Front Elevation Front Elevation East Elevation Remote Pharmacy: Wal -Mart 48 square feet West Elevation Pharmacy Drive - Through Total 79 square feet 31 square feet North Elevation Monument Sig n: Wal-Mart/Super Center Total 110 square feet Applicant to Identify As indicated, the total amount of signage proposed is almost twice as what is allowed for a business in the Bµ2 District. The number of signs also significantly exceeds the two wall signs allowed. Under Section 40115.G.9 of the Zoning Ordinance, the allowable square feet of signage area can be varied by conditional use permit. The numbers of signs would need to be varied by variance, Staff suggests that the numbers of wall signs be decreased by eliminating the "Low Prices" sign and the "We sell For Less" signs on the front facade. Both of these signs do not advertise the name of the business or provide direction for the customer That would reduce the overall allowable signage by 112 square feet. The signage for the remote pharmacy is appropriate and should be allowed. The monument sign is proposed at 12 feet in height. The allowance in the Zoning Ordinance is for 20 foot freestanding signs. The sign is proposed at 110 square feet. The sign must be a maximum of 100 square feet and have a landscaped base. The site plans do not indicate the exact location of the sign. The criteria for review of a conditional use permit is found in Section 401.03.A.7 of the Zoning Ordinance consists of the following: a. Relationship to the specific policies and provisions of the municipal Comprehensive Plan. b. The conformity with present and future and uses in the area. c. The environmental issues and geographic area involved. d. Whether the use will tend to or actually depreciate the area in which it is proposed. e. The impact on character of the surrounding area. f, The demonstrated need for such use. g. Traffic generation by the use in relation to capabilities of streets serving the property. Wal -Mart Expansion Planning Report Page 5 h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. i. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). The City has in the past granted allowances, through conditional use permit, for large format retail business with wall areas that can support significant wall signage. As a percentage, the amount of signage is considerably less than 15 percent of the overall facade, thus allowing a conditional use permit instead of a variance review. There should be no impact on the area in that other businesses in the area have been granted conditional use permits for the same reason. For the sign variance, the following criteria from Section 401.15.G.15.a applies: 1. That particular physical surrounding, shape or topographical conditions of the specific parcel of land involved exist. 2. That the condition involved is unique to the particular parcel of land involved. 3. That the purpose of the variation is not based exclusively upon a desire to increase the value of income potential of the business involved. 4. That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel. 5. That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. 6. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets or interfere with the function of the Police and Fire Departments of the City. The number of requested signs is subject to variance. staff recommends the proposed signs except for the "Low Prices" and "We Sell For Less ". The justification for the additional signs is that this particular business acts as a multi - tenant business with a variety of services provided, all under the Wal-Mart name. Most of the signs such as "Food Center" or "Liquor" are more directional in nature and not advertise the store. Additionally, because of the power lines, the building must be set back from Highway 36 which affords less visibility. The signage must be reasonably sized to identify the store and its general services the highway. Trash and Recycling. All trash storage and recycling will be stored and removed through the loading areas at the rear of the building. There will be no freestanding trash storage areas. Outdoor Storage. As indicated, a previous conditional use permit for Wal -Mart was granted for outdoor storage of shipping containers and to allow the seasonal garden center. The container storage will be moved from its existing location at the southwest corner of the building to the southeast corner. The City had required Wal -Mart to berm and landscape this area around the containers so that they were adequately screened from 58 Street. staff has indicated concern to the applicant about the adequacy of screening with the proposed plan. Revised plans should be submitted, subject to Wal -Mart Expansion Planning Report Page 6 review and approval of the City, that indicate additional berming, fencing or landscaping to adequately screen the rear of the building. Building Height. The B -2 District specifies a maximum height of 35 feet. The building elevations indicate heights of 35 feet and lower, thus the proposed building lights are considered acceptable. Mechanical Equipment Screening. The Zoning Ordinance and Design Guidelines require that roof mechanical equipment be adequately screened. The south and east elevations indicate a significant number of mechanical units are visible. The facade design /parapets must be changed to adequately screen this equipment. Architectural Appearance. The proposed development is subject to the City's Design Guidelines that apply to all new commercial development in the City. In regard to architecture, the guidelines state that buildings should be designed for the site and relate to surrounding buildings. Functionally speaking, the design of the building responds well to various site design parameters including the power line easement access limitations and site visibility. In regard to building design, the guidelines state the "franchise architecture" (building design that is trademarked or identified with a particular chair or corporation) is prohibited. The Wal -Mart store that is to be remodeled and reconstructed is significantly changed in appearance from what is there now. There is greater variety of building materials and in detailing, making it more in conformance with the Design Guidelines. The City would not consider the proposed structure franchise architecture in that it blends welt with other new commercial development that has recently been completed in the community. The Design Guidelines also state the commercial uses must use at least three Grade 1 materials and must be composed of at least 65 percent of Grade 1 or Grade 11 materials. The guidelines state that "Grade 1" materials include the following: • Brick • Glass (minimum 20 percent) • Natural stone Masonry stucco • Ceramic or terra cotta • Copper panels According to the submitted building elevations, structures are to be finished in a combination of brick, glass EIFS (exterior insulating finishing system) and CMUs (concrete masonry units). The guidelines also require that at least 20 percent of the front building facade must be glass. only two of the building materials are Grade 1 and 7.4 percent of the front facade is glass. While the materials are not compliant with the guidelines, the facades are well articulated with attractive detailing. The variety of Wal-Mart Expansion Planning Report Page 7 materials and the architectural features may justify a deviation from the guidelines. The Planning Commission should comment on the fagade design and materials. The guidelines further state that the color of commercial buildings should blend with the architecture of the area. The proposed building is to be finished in various earth tone colors and is considered compatible with the area and the Kohl's development to the west. The applicant should provide building material samples for Planning Commission and City Council approval. Automotive Fueling Area. The site plans indicate an area as "Gas Lease Area" and the northwest corner of the site. The applicants are not seeking approvals for that operation at this time. An automotive fuel station operator would make an application for the fueling area at a later date. The site plan should be revised to eliminate this area and replace it with the appropriate parking and landscaping with this approval. The Planning Commission may want to comment at this time as to the desirability of the fueling station as it fits with the surrounding area, and the potential traffic issues with such an operation. Pharmacy. The site plans also indicate a drive - through pharmacy pick up and drop off location in the north central portion of the parking lot. The building would be considered an accessory structure that would be serviced by a pneumatic tube system. The B -2 District allows open and outdoor services such as this through a conditional use permit. The conditions for allowing open and outdoor services relates primarily to automotive uses. A review of the relevant criteria is as follows 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. The architecture is similar to the principal building. There should be no design issues with the accessory building. 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 side. The facility can be adequately served by emergency vehicles. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. Any speaker system used for the drive- through shall be in compliance with City noise requirements. Wal -Mart Expansion Planning Report Page 8 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. The City Engineer has indicated no traffic issues with the proposed location. There is adequate stacking distance for cars waiting to utilize the facility. Auto Repair. As part of the application, Veal -Mart is requesting a Tire and Lube Express that would provide minor auto repair including all changes, tire sales and service, and battery sales and installation. The auto repair facility would be on the east side of the building. The B -2 District allows for minor auto repair as a conditional use permit subject to the following conditions: 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. There shall be no outside sales areas associated with this operation. 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.B.7 of this Ordinance. Addressed in the lighting section of this report. c. Sales and storage area is blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing. All parking and driveways areas shall be paved and surrounded by concrete curb. 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. Addressed in the architectural appearance section of this report. 0. 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. The auto repair can be adequately served by emergency vehicles. f. All islands in the parking lot shall be landscaped. WaI -Mart Expansion Planning Report Page 9 g J The site shall be adequately landscaped. 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. Addressed in the landscape /screening section of this report. h. Ali 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. A condition will be added requiring the doors to be closed. 1. 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. A condition will be added reflecting this requirement. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. No outdoor speaker systems will be allowed with the auto repair business. 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 shalt be subject to the approval of the City Engineer. There should be no traffic issues in this portion of the parking lot. 1. A drainage system subject to the approval of the City shall be installed. Addressed in the drainage plans subject to re vie w of the city Engineer. m. Alt signing and informational or visual communication devices shall be minimized and shalt be in compliance with Section 401.15.G of this Ordinance. Addressed in the sign section of this report. n. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. The Planning commission should review the conditional use permit criteria and determine if the auto repair facility complies. Wal -Mart Expansion Planning Report Page 10 CONCLUSIONIRECOMM EN DATION The proposed development is consistent with the Comprehensive Plan and the B -2 District zoning for this property. Based upon the preceding review, our office recommends approval of the following: • Amended conditional use permit to allow open and outdoor sales and outdoor (includes story g e seasonal garden center, temporary semi and shipping container storage, and remote drive- through pharmacy). • Subdivision/Lot Combination. • Sign Conditional Use Permit and Variance. • Site Plan /Design Guidelines Review. With the following conditions: 1. The City Council approves the change in and use designation of the Comprehensive Plan to commercial and the zoning is changed to B -2, General Business District. 2. The final plat and all required easements shall be subject to review and approval of the City Engineer and City Attorney. 3. All access to Norell Avenue shall be subject to review and approval of the City Engineer. 4. Wal -Mart shall allow access to the east through their property, if necessary, to provide east/west access from adjacent development. 5. A plan for a crosswalk on Norell Avenue and sidewalk access to the front of the Wal -Mart store shall be provided by the applicant subject to review and approval of the City Engineer, 6. Alt parking shall comply with the minimum dimensional standards of the Zoning Ordinance subject to review and approval of the City. 7. The Planning Commission shall comment on requiring Wal -Mart to lower the parking lot lighting levels after store closure. 8. Alt lighting shall comply with the minimal standards of the Zoning Ordinance for height, type of fixture, and foot candle levels. 9. The landscape plan is subject to review and approval of the City Arborist. 10. The applicant shall redesign the rear of the building to add additional landscaping, berming or fencing to fully screen the truck loading and outdoor storage area subject to review and approval of the City. WaI -Mart Expansion Planning Report Page 11 11. The grading, drainage and erosion control plans are subject to review and approval by the City Engineer and applicable watershed district. 12. The utility plans are subject to review and approval of the City Engineer. 13. The front elevation signs that read "Low Prices" and "We Sell For Less" be removed from the allowable signage. 14. The applicants shall indicate the proposed location of the monument sign on the site plans and provide adequate landscaping for the base. 15. All trash /recycling activities shall be totally contained within the building. There will be no outside dumpster storage. 15. The applicant shall provide adequate screening, subject to review and approval of the City, of all roof mechanical equipment. 17. The Planning Commission and City Council should comment on the building architecture, materials selection, and colors for conformance to the City's Design Guidelines. 18. The site plan shall be revised in the area identified as "gas lease area" to include parking and landscaping. A conditional use permit with a revised site plan will need to be applied for to allow the automotive fuel station operation. 19. Any speaker system eaker s stem for the drive - through pharmacy shall be in conformance with the City noise requirements. 20. All automobile repair activities shall be limited to 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 service areas. 21. There shall be no exterior storage of automobile parts, parked cars, or related items on the site. All storage shall be internal to the building. Any cars to be stored outside of the building shall be in full working order. 22. All noise created from automotive repair operations on the site shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. No outdoor speaker systems for the automotive repair operation shall be allowed. 23. The applicant shall receive and retain, if required, a Hazardous Waste Generators License from Washington County for the Tire and Lube Express. 24. The Tire and Lube Express operation shall not be operated between the hours of 10:00 PM and 6:00 AM. 25. Any other conditions of the Planning Commission or City Council. Wal -Mart Expansion Planning Report Page 12 follows, to wit: and and A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MIN1sTESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY WALMART FOR AN AMENDED CONDI'T'IONAL USE PERMIT FOR OPEN AND OUTDOOR SALES AND STORAGE, SUBDIVISION AND LOT COMBINATION, SIGN CONDITIONAL USE PERMIT AND VARIANCE AND SITE PLAN/DESIGN GUIDELINE REVIEW SHOULD BE APPROVED WITH CiONDITIONS SEAS, the City of Oak Park Heights has received a request from Wal -Mart for an amended conditional use permit for open and outdoor sales and storage, subdivision and lot combination, sign conditional use permit and variance and site plan Design Guideline review; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B 3. The subject site and planned Wal -Mart expansion area was designated as a commercial land use in the Comprehensive Plan and was zoned E -2, General Business District by the City Council on February 8, 2005; and 4. City staff prepared a planning report dated February 3, 2005 reviewing the requests by the applicant for the expanded Wal -Mart development; and 5. Said report recommended approval of the applications subject to the fulfillment of conditions; and 8. The landscape plan is subject to review and approval of the City Arborist. 9. The applicant shall provide the proposed eight foot wood fence and landscaping to fully screen the truck loading and outdoor storage area subject to review and approval of the City. 10. The grading, drainage and erosion control plans are subject to review and approval by the City Engineer and applicable watershed district. 11. The utility plans are subject to review and approval of the City Engineer. 12. The front elevation sign that reads "We Sell For Less" be removed from the allowable signage. The "Low Prices" sign shall be changed to read "Retail Center." The `Liquor" sign shall not be red in color but shall be a color consistent with the other wall signage. 13. No signage shall be allowed on the south building elevation other than directional and informational signage as allowed in the Zoning Ordinance. 14. One freestanding monument sign shall be allowed on site that shall be conforming with all provisions of the Zoning Ordinance. The existing pylon sign shall be removed. 15. All trash/recycling activities shall be totally contained within the building. There will be no outside dumpster storage. The applicant shall provide noise information for the trash compactor subject to review of the City Council. 16. The applicant shall provide adequate screening, subject to review and approval of the City, of all roof mechanical equipment. The roof equipment shall be painted to match the facade colors. 17. The Planning Commission is favorable to the proposed building architecture, materials selection, and colors and finds the design consistent with the City's Design Guidelines. 18. The site plan shall be revised in the area identified as "gas lease area" to include grass and landscaping. A conditional use permit with a revised site plan will need to be applied for and approved by the City Council to allow the automotive fuel station operation. 19. All automobile repair activities shall be limited to 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 service areas. 20. There shall be no exterior storage of automobile parts, parked cars, or related items on the site. All storage shall be internal to the building. Any cars to be stored outside of the building shall be in full working order. 3 21. All noise created from automotive repair operations on the site shall be in conformance With Section 401.15.B.11 of the Zoning Ordinance. No outdoor speaker systems for the automotive repair operation shall be allowed. 22. The applicant shall receive and retain, if required, a Hazardous Waste Generators License from Washington County for the Tire and Lube Express. 23. The Tire and Lube Express operation shall not be operated between the hours of 10:00 PM and 6:00AM. 24. The applicant shall provide information and a plan to the City Council as it relates to potential battery and oil recycling programs. Recommended by the Planning Commission of the City y g ty of Oak Park Heights this 10 day of February 2005. ATTEST: Eric A. Johnson, City Administrator John Dwyer, Chair 4