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Home My WebLink About2005-03-08 CC Resolution #05-03-14RESOLUTION NO. 05 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RE50LUTION ESTABLISHING FINDINGS OF FACT AND EESOLUTJON OF THE CITY COUNCIL THAT THE REQUEST BY WAL -MART FOR AN AMENDED CONAITIONAL USE PERMIT FOR OPEN AND OUTDOOR SALES AND STORAGE, SUBDIVISION AND LOT COMBINATION, SIGN CONDITIONAL USE PERMIT AND VARIANCE AND BYTE 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: I. The real property affected by said application is legally described as follows, to .t: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: and 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 HEIGHTS THAT THE CITY COUNCIL APPROVES TILE FOLLOWING: A. The application submitted 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 and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights is the following: 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). SubdivisionlLot Combination. Sign Conditional Use Permit and Variance. Site Plan/Design 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. There shall be no drive entrance to the applicant's land extending south from the cul -de- sac terminus of Novak Avenue North (as projected to be built as part of this project). Rather, the driveway access shall be extended due west from the cul- de-sac terminus of Novak Avenue North to the applicant's property. The applicant shall the extend sidewalk/pathway east from the front of its store to the eastern boundary line in a manner approved by the City Planner. 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. 2 6. All lighting shall comply with the minimal standards of the Zoning Ordinance for height, type of fixture, and foot candle levels. 7. The landscape plan is subject to review and approval of the City Arborist. 8. 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. 9. Wheeled semi-trailers shall not be stored on site Exterior storage shall be limited to shipping containers within the designated area as approved by 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 or enclosures. There will be no outside dumpster storage. Trash and recycling material pick up shall be limited to the hours between 7:00 AM and 9:00 PM. The City Council reserves the right of future review and modification to all trash, recycling and trash compactor issues. 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 the City Council hereby finds the design consistent with the City's Design Guidelines. 18. 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 before allowing any automotive fuel station operations on the site. 3 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 but used batteries may be stored as per MPCA guidelines in an outside enclosure as shown on the site plans. All other storage shall be internal to the building. Any cars to be stored outside of the building shall be in full working order and properly licensed. 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 for batteries, oil and tires from Washington County for the Tire and Lube Express. 23. The Tire and Lube Express operation may not accept new customers for service between the hours of 10:00 PM and 6:00 AM 24. The applicant shall provide battery and oil recycling programs as part of the Tire and Lube Express for small volume generators. 25. 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 including but not limited to, the construction and placement of fmancial security for site improvements, payment of city connection and park dedication fees, placement of fmancial security and requirements for extension and construction of City utilities for the site and related water sanitary sewer and storm sewer improvements. 2005. Approved by the City Council of the City of Oak Park Heights this 8 day of March pp y ._. David Beaudet, Mayor 4 Attachment A Washington County GEO Code: 05.29.20.12.0034 Legal Description: Lots 3 & 4, Block 1, Wal-Mart Additon Physical Address: 5815 Norell Ave. N. ATTACHMENT B Amended Conditional Use Permit (CUP), Subdivision & Variance Wal -Mart Stores, Inc. — 5815 Norell Ave. N. Application Materials O Application Form • Fees O Plan Sets (3 Large Scale Sets /20 '1'1X17 Sets) , • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) O Proof of Ownership or Authorization to Proceed • Property Tax Statements }/Legal Description(s) Conference With City Staff Upon Application Submittal: January 26, 2005 Planning Commission Public Hearing & Recommendation: February 10, 2005 Required Approvals: CUP Amendment Subdivision & Variance 4/5 Planning Commission City council Conditional Use Permit - Lapse of Approval: Unless the Cit y specifically s ecifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve ( months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) 4/5 CUP Amendment: . An amended conditional use p ermit may be applied for and administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include reapplication for permits that have been denied, requests for substantial changes in conditions or expansions of use, and as otherwise described in City of Oak Park Heights Zoning Ordinance 401. (401.03.0.5) Variance — Lapse of Approval: Unless the Cit y Council specifically approves a different time when action is officially taken on the request, the variance shall become null and void twelve ( months after the date of approval, unless the property owner or applicant has substantially started the construction of any building structure, addition or alteration, or use requested as part of this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.4.0 .1 - - 401.4.C.2)