HomeMy WebLinkAbout01-20-2000 Planning Commission Meeting Packet CITY OF OAK PARK HEIGHTS
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PLANNING COMMISSION
Thursday, January 20, 2000 - 7:00 PM
7:00 I. Call To Order /Approval of Agenda
H. Approval of December 16, 1999 Minutes (1)
III. Introduction of Planning Intern
7:05 IV. Visitors:
This is an opportunity for the public to address the Commission with questions or concerns not on
the agenda. Please limit comments to three minutes.
V. Public Hearings:
A. Northern States Power- Conditional Use Permit Request (2)
7:25 VI. Old Business:
A. Post Office Update (3)
B. Planning Commission Meeting Day Change (4)
C. Capital Improvement Budget (5)
7:45 VII. New Business:
A. 2000 Goal Setting Meeting (6)
8.00 VIII. Informational/Update:
A. City Council/Commission Meeting Follow Up Agenda(s) (7 -8)
B. Y2K and New Years Eve (9)
C. Communication (10)
IX. Adjournment
Reminder Upcoming Meetings: February 10, 2000 Regular Meeting - 7:00 PM
Council Representative: January - Commissioner Hedlund
February - Commissioner Wasescha
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CITY OF OAK PARK HEIGHTS
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PLANNING COMMISSION MINUTES
Thursday, December 16, 1999 -- 7:00 PM
Call To Order Chair Hedlund called the meeting to order at 7:00 p.m. Present: Commissioners
Dahlquist, Dwyer, Vogt and Wasescha. Staff Present: Community Development Director Danielson ci t y
Planner Richards and Community Development Secretary Hultman.
Approval of Agenda Commissioner Wasescha, seconded by Commissioner Dwyer moved to approve
PP rove
the Agenda as presented. Carried 5 -0.
Approval of Minutes: Commissioner Dahlquist, seconded by Commissioner Vogt,, moved to approve PP rove the
Minutes of November 18, 1999 with the following amendments:
1. A roval of Minutes: "Carried 4 -0, Wasescha abstained."
2. Old Business: Burger King Conditional Use Permit Last line of ara a h one to read as
P �" P
follows. " She further noted that if this information is not received prior to November 23 1999
revocation of their CUP is being recommended."
Carried 5 -0.
Visitors None.
PUBLIC HEARINGS:
A. Human Service Inc. - Circle of Friends Conditional Use Permit Request - 5620 Memorial Ave. N.:
City Planner Richards provided a brief overview of the applicant's request and outlined his report. Chair
Hedlund opened the public hearing for comment at 7:10 p.m.
As there were no visitors to the public hearing, Commissioner Vogt, seconded by Commissioner
Dahlquist, moved to close the public hearing at 7:11 p.m. Carried 5 -0.
Robert McDonough of Human Services, Inc. was present and addressed questions from the Commission.
Commission discussion ensued. Items of discussion included: (a) intent of some of the conditions outlined
in the City Planner's report; (b) issues related to the request being for temporary residence until such time
relocation to Boutwell's Landing occurs, including potential time extension of temporary resid c
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hours of operation; (d) and use of existing space in building resulting from granting f request.
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Commissioner Vogt, seconded by Commissioner Wasesch moved to recommend ecommend that the City Council
grant the applicant's request for Conditional Use Permit to allow the Circle of Friends mends group day care
program within a multiple occupancy building subject to the followin g conditions:
1. Utilization of the subject space is limited to the Circle of
Friends program.
2. The conditional use permit shall terminate upon the earlier of the expiration '
p anon of the initial lease of
the subject space or relocation of the Circle of Friends from the remises.
3. Occupancy under the conditional p .
on
system has been installed and is o
p Y use permit shall be permitted only when a fire suppression operational, subject pp
p � to review and approval of the Building
Official.
4. Occupancy under the conditional use permit shall be permitted only f connected d to City water and
sanitary sewer service.
5. Maximum enrollment for the Circle of Friends program shall be limited to licensur
e requirements
of the Minnesota Department of Human Services based upon 2,600 square feet of spa
q p ce.
6. Parking stalls shall be clearly striped to provide a total of 76 arkin stalls as ill ustrated p g Crated on the
submitted site plan.
7. The parking stall adjacent to the northeast building entrance is designated for 20-minute mute short -term
parking and one additional disability accessible stall is provided at the northwest corner
of the
building.
8. Hours of operation shall be limited to 6:00 AM to 11:00 P.M.
9. The applicant provides documentation to the City of compliance with applicable State
e
regulations.
10. Occupancy shall be permitted contingent upon compliance with applicable building pp g fire
codes, subject to review and approval of the Building Official.
Carried 5 -0.
B. Robert L. Brackey Minor Subdivision Request for division of the south half of Outlot
A Bracke
Addition into two lots
Community Development Director Danielson informed the Commission that the applicant had
pp withdrawn
his application and no discussion was required. She noted that the item remained on the agenda g da as it had
been published for public hearing and accordingly the hearing should be conducted if for an visitors sitors who
wish to be heard on the matter. Chair Hedlund opened the public hearing for comment at 7:23
p.m.
As there were no visitors to the public hearing, Commissioner Vogt, seconded b Commissioner Dw
wye r
moved to close the public hearing at 7:23 p.m. Carried 5 -0.
Old Business None
New Business
A. Burger King Site Review
City Planner Richards provided a brief overview of the applicant's request and outlined his report relative
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to plans submitted to add height to a portion of the parapet of the building to address violation of ci
ordinance prohibiting wall mounted signs from extending above the height of the building. Bill Dorn was
present for Dolphin Real Estate to address questions from the Commission.
Brief discussion ensued as to the request, structure design and material, time frame for ro'ect completion,
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and the conditions cited within the City Planner's report.
2
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Commissioner Vogt, seconded by Commissioner Dahlquist moved to recommend that the City Council
approve the building addition, subject to the following conditions:
1. The existing color wrap capping of the parapet in question is removed as part of the addition and a
new color wrap capping at the top is permitted.
2. Any change to on -site signage will require application for a sign permit subject to Section
401.15.G of the Zoning Ordinance.
3. Additional dirt coverage is provided for the tree root balls planted as part of the Landscape Plan
subject to review and approval of the City Arborist.
4. The applicant provide a performance bond or escrow deposit for 125% of the estimated cost to add
the parapet addition and complete the landscape plan.
5. Work shall be completed in a timely fashion, and in any event no later than April 30, 2000.
Carried 5 -0.
B. Adoption of Land Use Concepts: Calthoo e Study - Lower Oak Park Heights
Community Development Director Danielson provided an overview of the study and its premise and
reviewed her memo regarding the same.
Commission discussion ensues as to means of public communication and feedback, concern of possible
interpretations being formed as a result of approving a concept plan, relationship to definition within the
City's Comprehensive Plan, and alternative uses for the land in lieu of neighborhood housing.
Commissioners Vogt and Dahlquist expressed their concern of being premature in approving a concept
plan without formal feedback from the affected neighborhood. Danielson noted that Metropolitan Council
had a series of community sessions regarding the study that allowed for public participation.
Danielson noted that timing was an issue of importance to facilitate working with the Minnesota
Department of Transportation to move the project forward. She noted that it is the City's intent to regain as
much land as possible for the neighborhood and to seek public feedback as the project progresses.
Commissioner Wasescha, seconded by Commissioner Dwyer, moved to recommend that the City Council
approve the following land use concepts for lower Oak Park Heights:
1. Preservation of the "Simonet House.'"
2. A landscaped buffer to provide visual and acoustic protection for the neighborhood from Hwy. 36.
3. Pedestrian focused development with sidewalks and trail systems.
4. Incorporation of the street grid system from the south.
5. A variety of housing styles and types.
6. Provide connections to the planned Northern States Power par area and Perro Creek.
Recommendation of these concepts includes reaffirmation of the City's intent to regain as much land as
possible for the neighborhood and to seek public feedback as the project progresses.
Carried 3 -1 -1, Hedlund opposed and Dahlquist abstained.
The Commission adjourned to a joint meeting of the City Council and the Planning Commission at 8:00
p.m.
3
Chair Hedlund reconvened the regular meeting at 9:28 p.m.
Informational Update
A. city-Council /Commission MeetinLy Follow U Agenda(s Recei
Up pt acknowledged by the
C ommission.
B. Weekly Notes Receipt acknowledged by the Commission. Danielson noted that
these would be
forwarded to the Commission with their weekly mailing rather than bein g with their
included w' '
regular meeting packets.
Commissioner Wasescha asked that e -mail be utilized to the highest extent P ossible.
Commissioner Wasescha, seconded by Commissioner Vogt, moved to recommend to the City Co uncil uncil that
the Planning Commission By -Laws be amended to change the regular meeting from the 3 Thursday
nd g sday of
each month to the 2 Thursday of each month. Carried 5 -0.
Adjournment Commissioner Wasescha, seconded by Commissioner Vogt, moved to adjourn at 9:35
� p.m.
Carried 5 -0.
Respectfully submitted,
ri
Julie A. Hultman
Community Development Secretary
4
CITY OF OAK PARK HEIGHTS
ENCLOSURE �
�
PLANNING COMMISSION MINUTES
Thursday, December 16, 1999 — 7:00 PM
Call To Order Chair Hedlund called the meeting to order at 7:00 p.m. Present: Commissioners
Dahlquist, Dwyer, Vogt and Wasescha. Staff Present: Community Development Director Danielson Ci
Planner Richards and Community Development Secretary Hultman.
Avoroval of Agenda Commissioner Wasescha, seconded by Commissioner Dwyer moved to approve
the Agenda as presented. Carried 5 -0.
Avoroval of Minutes: Commissioner Dahlquist, seconded by Commissioner Vogt, moved to approve the
Minutes of November 18, 1999 with the following amendments:
I . Approval of Minutes "Carried 4 -0, Wasescha abstained."
2. Old Business: Burger King Conditional Use Permit Last line of paragraph one to read as
follows: " She further noted that if this information is not received prior to November 23, 1999
revocation of their CUP is being recommended."
Carried 5 -0.
Visitors
None.
PUBLIC HEARINGS:
A. Human Service Inc. - Circle of Friends Conditional Use Permit Request - 5620 Memorial Ave. N.:
City Planner Richards provided a brief overview of the applicant's request and outlined his report. Chair
Hedlund opened the public hearing for comment at 7:10 p.m.
As there were no visitors to the public hearing, Commissioner Vogt, seconded by Commissioner
Dahlquist, moved to close the public hearing at 7:11 p.m. Carried 5 -0.
Robert McDonough of Human Services, Inc. was present and addressed questions from the Commission.
Commission discussion ensued. Items of discussion included: (a) intent of some of the conditions outlined
in the City Planner's report; (b) issues related to the request being for temporary residence until such time
relocation to Boutwell's Landing occurs, including potential time extension of temporary residency p ary y
hours of operation; (d) and use of existing space in building resulting from granting of request.
4
Commissioner Vogt, seconded by Commissioner Wasescha, moved to recommend that the City Council
grant the applicant's request for Conditional Use Permit to allow the Circle of Friends ou da
�' p Y care
program within a multiple occupancy building subject to the following conditions:
1. Utilization of the subject space is limited to the Circle of Friends program.
2. The conditional use permit shall terminate upon the earlier of the expiration of the initial lease of
the subject space or relocation of the Circle of Friends from the premises.
3. Occupancy under the conditional use permit shall be permitted only when a fire suppression
system has been installed and is operational, subject to review and approval of the Building
Official.
4. Occupancy under the conditional use permit shall be permitted only if connected to City water and
sanitary sewer service.
5. Maximum enrollment for the Circle of Friends program shall be limited to licensure requirements
of the Minnesota Department of Human Services based upon 2,600 square feet of space.
6. Parking stalls shall be clearly striped to provide a total of 76 parking stalls as illustrated on the
submitted site plan.
7. The parking stall adjacent to the northeast building entrance is designated for 20- minute short -term
parking and one additional disability accessible stall is provided at the northwest corner of the
building.
8. Hours of operation shall be limited to 6:00 AM to 11:00 AM.
9. The applicant provides documentation to the City of compliance with applicable State
regulations.
10. Occupancy shall be permitted contingent upon compliance with applicable building and fire
codes, subject to review and approval of the Building Official.
Carried 5 -0.
B. Robert L. Brackey Minor Subdivision Request for division of the south half of Outlot A, Bracket'
Addition into two lots T
Community Development Director Danielson informed the Commission that the applicant had withdrawn
his application and no discussion was required. She noted that the item remained on the agenda as it had
been published for public hearing and accordingly the hearing should be conducted if for any visitors who
wish to be heard on the matter. Chair Hedlund opened the public hearing for comment at 7:23 p.m.
As there were no visitors to the public hearing, Commissioner Vogt, seconded by Commissioner Dwyer
moved to close the public hearing at 7:23 p.m. Carried 5-0.
Old Business None
New Business
A. Burger King Site Review
City Planner Richards provided a brief overview of the applicant's request and outlined his report relative
to plans submitted to add height to a portion of the parapet of the building to address violation of city
ordinance prohibiting wall mounted signs from extending above the height of the building. Bill Dorn was
present for Dolphin Real Estate to address questions from the Commission.
Brief discussion ensued as to the request, structure design and material, time frame for project completion,
and the conditions cited within the City Planner's report.
2
40
Commissioner Vogt, seconded by Commissioner Dahlquist moved to recommend that the City Council
approve the building addition, subject to the following conditions:
1. The existing color wrap capping of the parapet in question is removed as p art of the addition and a
new color wrap capping at the top is permitted.
2. Any change to on -site signage will require application for a sign permit subject to Section
401.15.G of the Zoning Ordinance.
3. Additional dirt coverage is provided for the tree root balls planted as part of the Landscape Plan
subject to review and approval of the City Arborist.
4. The applicant provide a performance bond or escrow deposit for 125% of the estimated cost to add
the parapet addition and complete the landscape plan.
5. Work shall be completed in a timely fashion, and in any event no later than April 30, 2000.
Carried 5 -0.
B. Adoption of Land Use Concepts: Calthorpe Study - Lower Oak Park Hei hits
Community Development Director Danielson provided an overview of the study and its P remise and
reviewed her memo regarding the same.
Commission discussion ensues as to means of public communication and feedback, concern of P ossible
interpretations being formed as a result of approving a concept plan, relationship to definition within the
City's Comprehensive Plan, and alternative uses for the land in lieu of neighborhood housing.
g
Commissioners Vogt and Dahlquist expressed their concern of being premature in approving a concept
P g p
plan without formal feedback from the affected neighborhood. Danielson noted that Metropolitan Council
had a series of community sessions regarding the study that allowed for public participation.
Danielson noted that timing was an issue of importance to facilitate working with the Minnesota
Department of Transportation to move the project forward. She noted that it is the City's intent to regain as
much land as possible for the neighborhood and to seek public feedback as the project progresses.
Commissioner Wasescha, seconded by Commissioner Dwyer, moved to recommend that the City Council
approve the following land use concepts for lower Oak Park Heights:
1. Preservation of the "Simonet House."
2. A landscaped buffer to provide visual and acoustic protection for the neighborhood from Hwy. 36.
3. Pedestrian focused development with sidewalks and trail systems.
4. Incorporation of the street grid system from the south.
5. A variety of housing styles and types.
6. Provide connections to the planned Northern States Power par area and Perro Creek.
Recommendation of these concepts includes reaffirmation of the City's intent to regain as much land as
possible for the neighborhood and to seek public feedback as the project progresses.
Carried 3 -1 -1, Hedlund opposed and Dahlquist abstained.
The Commission adjourned to a joint meeting of the City Council and the Planning Commission at 8:00
p.m.
3
Chair Hedlund reconvened the regular meeting at 9:28 p.m.
InformationaUUpdate
A. City Council /Commission Meeting Follow Up Agenda(s) Receipt acknowledged by the
Commission.
B. Weekly Notes Receipt acknowledged by the Commission. Danielson noted that these would be
forwarded to the Commission with their weekly mailing rather than being included with their
regular meeting packets.
Commissioner Wasescha asked that e -mail be utilized to the highest extent possible.
Commissioner Wasescha, seconded by Commissioner Vogt, moved to recommend to the City Council that
the Planning Commission By -Laws be amended to change the regular meeting from the 3 rd Thursday of
each month to the 2 nd Thursday of each month. Carried 5 -0.
Adjournment Commissioner Wasescha, seconded by Commissioner Vogt, moved to adjourn at 9:35 p.m.
Carried 5 -0.
Respectfully submitted,
ILI
Julie A. Hultman
Community Development Secretary
4
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C ity O
O ak Par
H eights
14168 Oak Park Blvd, Box 2007 •Oak Park Heights, MN 55082 • ( 651) 439 -4439 • Fax 439 -0574
January 14, 2000
To: Planning Commission
From: Kris Danielson, Community Development Director
Re: NSP Re nest to Revise Aoolication for a Conditional Use Permit
Please be advised that Northern States Power would like to reconsider the
plans and specifications they have submitted to the City regarding the
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location of a maintenance facility at their fly ash landfill facility.
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A Public Hearing has been advertised for tonight's meeting. I would
recommend that the Planning Commission open the Public Hearin and
Hearing
continue this matter to the February 10, 2000 meeting to allow NSP an
opportunity to submit a revised proposal.
Please contact me at 439 -4439 with any questions you may have.
TREE CITY U.S.A.
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1 1 .
4
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risp Northern States Power Company
414 Nicollet Mail
Minneapolis, Minnesota 55401 -1927
Telephone (612) 330 -5500
January 14, 2000 Post - its Fax Note 7671 Date f W loo 1 pages ►
To � ( Fro
M s Kris Danielson Co.lDept. Co �?
Community Development Director Phone v Phone #�
City of Oak Park Heights Fax # �-� Fax #
PO Box 2007 `' � ` � ` 0s
Oak Park Heights, MN 55082 -2007
RE: King Plant Ash Landfill — Request to Table Hearing for Conditional Use
Permit for Equipment Garage
Dear Kris;
This letter is to confirm the understanding resulting from our phone conversation
earlier today (Friday). NSP wishes to table its request for a Condition Use Permit for
the Landfill garage that is scheduled for consideration by the Planning Commission at
its January 20 meeting. We request that the permit issue be rescheduled for hearing
at the Planning Commission's next meeting, February 10.
No less than one week prior to the February meeting, we will provide the City
with plans to relocate the building. The proposed new location is expected to be at the
base of the Landfill entrance road, in an area slated for future development. Code
requirements for the garage will be evaluated prior to the meeting, and the plans will
show how NSP will satisfy code requirements. At this proposed location, the garage
should be considered a temporary structure that would be moved during development of
the Landfill and removed at the end of Landfill operations. It would be at a significantly
lower elevation than the northeast corner location and would be immediately adjacent
ongoing operations.
I behalf cf NSP, I apologize for the confused handling of this garage issue. I will
be at the Commission's meeting on January 20 to repeat this apology and to answer
questions. NSP looks forward to continue working cooperatively with the City.
Sincerely,
r
Michael R. Thomes
Energy Marketing and Fuel Resources
t Cl Of ENCLOSURE
1'
{ � , Oak Park Heights
• A 14168 Oak Park Blvd, Box 2007.Oak Park Heights, MN 55082 • (651) 439 -4439 Fax 439 -0574
January 14, 2000
To: Planning Commission
From: Kris Danielson, Community Development Director
Re: NSP Re4uest to Revise Application for a Conditional Use Permit
Please be advised that Northern States Power would like to reconsider the
plans and specifications they have submitted to the City regarding the
location of a maintenance facility at their fly ash landfill facility.
A Public Hearing has been advertised for tonight's meeting. I would
recommend that the Planning Commission open the Public Hearing and
continue this matter to the February 10, 2000 meeting to allow NSP an
• opportunity to submit a revised proposal.
Please contact me at 439 - 4439 with any questions you may have.
TREE CITY U.S.A.
NORTHWEST ASSOCIATED CONSULTANTS
INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
� �ccosu�E 2
PLANNING REPORT
T0: Tom Melena
FROM: Scott Richards
DATE: January 12, 2000
RE: Oak Park Heights - NSP Fly Ash Disposal Facility:
Building Relocation
FILE N0: 798.02 - 99.23
BACKGROUND
• NSP has submitted a• request for a conditional use permit for relocation of the existing
storage building at their fly ash disposal facility located at 59th Street North and Peller
Avenue. The building, which is a pole barn structure and is 30 feet by 48 feet in
dimension, was previously located directly to the west of the proposed location. The
building has been moved but not yet placed on the foundation that has been prepared for
the structure. A construction trailer has also been moved near the storage building, but
NSP has agreed to move the trailer from the ash facility.
In November of 1996, the City Council approved a conditional use permit to allow for the
expansion to the east of the ash disposal Facility. The approval also included a rezoning
of the expanded area to I, Industrial and a street vacation of platted, but unused streets.
At that time, the storage building existed on the site but was not a part of any changes that
required conditional use permit consideration. The trailer appeared on the site after the
conditional use permit, as part of the reconstruction of the landfilled areas to accommodate
changes to Highway 36 and the frontage road system.
The Oak Park Heights Zoning Ordinance, under Section 401.15.C.8 does not allow for
pole buildings unless it is to be utilized for farming operations or in highly unique or special
cases requiring a conditional use permit. Additionally, Section 401.15.) requires a
conditional use permit for relocation of any structure over 120 square feet on a lot or onto
another lot in the City. Additionally, the building would be subject to the Design Guidelines
of the City.
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 16
PHONE 612 - 595 -9636 FAX 61 2- 595 -9837 E -MAIL NAC@WINTERNET.COM
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Attached for reference:
Exhibit A: Site Location
Exhibit B: Existing Conditions
Exhibit C: Site Plan
Exhibit D: Facility Closure Details
Exhibit E -H: Pictures of Building
Exhibit I: Letter from Metropolitan Gravel Company
ISSUES ANALYSIS
Location Issues. The proposed location of the storage building is near Beach Road at
the primary entrance to the fly ash facility. The building to be used for storage of the on-
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site equipment.
The proposed site is in a highly visible location from Highway 36, Beach Road and the
residential uses to the east and south. The City is currently planning for significant
improvements and redevelopment to the area known as lower Oak Park Heights. The City
has recently endorsed the concepts put forward within the Calthorpe Study for the ten
acres of land currently owned by MnDOT in this area. The City will likely move forward
with placement of utility improvements to accomplish redevelopment in this area as early
i
as this Summer. Additionally, the City s currently planning for improvements and
opportunities for redevelopment to strengthen the single family neighborhoods south of
59th Street North.
As the City works to improve and strengthen the neighborhoods within lower Oak Park
Heights, the cooperation of large landowners in the area, especially NSP will be
necessary to achieve the goals of the Comprehensive Plan and specific neighborhood
plans. The proposed location of the building would be seen as a detriment to the area for
its appearance at one of the primary entrances to this Oak Park Heights neighborhood.
Comprehensive Plan. The Comprehensive Plan discusses the opportunities for creating
a recreational facility for the community and region within the ash facility that could be
highly visible and relate well with Valley View Park to the south. The Parks Commission
is moving forward with recommendations to develop a master plan for that area of the NSP
ash facility that will be e
available for park land. The proposed location of the storage
building would not be conducive to the park improvements planned directly to the west.
Zoning. The ash facility has been deemed as an allowable use under the I, Industrial
District. As stated before, a conditional use permit is required to allow for the relocation
of buildings and a pole building structure.
2
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Health and Environmental Impacts. Moving the building to a new location on the site
should not have any negative health and environmental impacts. The continuing operation
of the ash facility does raise questions in regards to health and environmental safety. As
part of this conditional use permit request, the City will require NSP to provide its health
reports on fly ash including air quality monitoring reports. Additionally, it is recognized that
the ash facility contributes to the runoff into the Perro Creek system. NSP will be required
to provide its plans for erosion control on the site as a part of this request. NSP will also
be required to contribute its fair share of the costs related to improvements required to
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Perro Creek Pond to eliminate flooding issues. In that the ash facility, especially those
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portions that are "capped ", contribute to the runoff and flooding problems along Perro
Creek, NSP will . g9
p need to be a participant in the solutions to the problem. It is suggested
that a development agreement between NSP and the City outline the required information
and the cost sharing for the storm water improvements.
Design Guidelines. The Design Guidelines indicate that industrial and warehouse
buildings must use at least two different Grade I or II materials of which at least 65 P ercent
will be Grade I and II, and not more than 35 percent Grade III and IV materials. The
building is a typical pole barn with steel siding, no windows and two doors, one large
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access and one entry door. The building is comprised of almost 100 percent Grade III
materials (exterior finish installation system) and would in no way meet any of the other
design requirements related to composition and detailing especially the blank wall
surfaces. The building, if allowed to be located on the site proposed b NSP would
Y
require significant exterior materials upgrades and the addition of windows. Variations to
the Design Guidelines can be made by the City Council. This would be recommended onl
if the building were to be located at a less prominent location on the site.
Fencing, Screening, and Landscaping. Section 401.15.E of the Zonin g Ordinance
specifies fencing, screening and landscaping requirements. This section requires
business and industrial uses (i.e., structure, parking or storage) which abut ro ert zoned
p p Y
for residential use to provide adequate screening to include a fence or green belt planting
9
i
strip. The building, as t is proposed, is directly adjacent to area zoned R -1, Single Family
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Residential, which include single family dwelling units and a bed and breakfast. Due to
the elevation and the permanent proposed location, it would be extremely difficult to
screen this building from adjacent residential uses.
Building Code Requirements. The building will be required to meet all Uniform Building
Code requirements once it is replaced on the site including an adequate foundation and
toilet facilities. Plans w i l l need to be produced by NSP for the foundation and other
required code improvements so that it can be compliant with the Uniform Building Code
as approved by the Building Inspector.
3
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Billboard. A non - conforming billboard exists on the NSP property djacent to Highway
Y 1 9 Y
36. As a part of the conditional use permit, the City will require the billboard to be removed
within a reasonable time after the conditional use permit is approved. The terms of the
billboard removal will need to be agreed to by the City and NSP as p art of an overall
development agreement.
Utilities. If toilet facilities are required for the building, sewer and water utilities will need
to be extended to accommodate the proposed structure. All sewer and water extensions
will be subject to review and approval of the City Engineer.
Conditional Use Permit Criteria. The judgement of.the Planning Commission and Cit
Council regarding the application is to be based upon, but not limited to, the following
factors outlined in Section 401.03.A.7 of the Zoning Ordinance:
a. Relationship to the specific policies and provisions of the municipal Comprehensive
Plan.
b. The conformity with present and future land 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 ro osed.
p p
e. The impact on the character of the surrounding area.
f. The demonstrated need for such use.
g. Traffic generation by the use in relation to capabilities of streets servin g the
property.
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 conforms with all performance standards contained herein i.e.,
parking, loading, noise, etc.).
Based upon the previous analysis, the location for the NSP building could not be approved
i pp
as proposed in that t is not compliant with the above criteria. The need for the building
can be demonstrated but there are other locations on the property that would be more
appropriate. The proposed location for the building cannot be endorsed in that it would
not be in conformity with present and future land uses may depreciate the area i
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it is proposed and it would have a negative impact on the character of the surrounding
area. Even if the building was heavily screened and made compliant with all the Design
Guidelines criteria, it would still be out of context for the area and the plans to improve and
redevelop the neighborhood.
Section 401.15.C.8 specifies criteria for conditional use permit approval related to p ole.
building exceptions and other building type and construction standards. These criteria are
as follows:
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t
C. Exceptions to the provisions of Section 401.15.C.8 of this Ordinance
may be granted as a conditional use permit pursuant to Section
401.03 of this Ordinance, provided that:
1) The proposed building maintains the quality and value
intended by the Ordinance.
2) The proposed building is compatible and in harmony with other
existing structures within the district and immediate geographic
areas.
3) The provisions of Section 401.03.A.8 of this Ordinance are
considered and determined to be satisfied.
Again, based upon the previous review, the building as proposed would not comply with
pY
either of the criteria related to quality and value as well as compatibility and harmony with
other structures. If the building were located further to the west and out of site from nearby
residential areas and adjacent roadways, the City may consider some flexibility in the
building appearance.
Section 401.15.J.2 of the Zoning Ordinance specifies performance standards relating to
conditional use permits for relocating buildings within Oak Park Heights. The standards
are as follows:
a. Upon relocation, the building shall comply with the applicable
requirements of the Uniform Building Code in effect in Oak Park
Heights.
b. The proposed relocated building shall comply with the character of
the neighborhood in which it is being relocated as determined by the
City Council.
C. The relocated use will not result in a depreciation of neighborhood or
adjacent property values.
d. The relocated structure shall be similar to the market valuation of
adjacent principal structures as determined by the City Assessor.
The building, in its proposed location and without improvements to make it compliant with
Design Guidelines, will not meet the tests specified in the above standards. Again, placin
the building in a more isolated location could solve many of the issues the City has with
the proposed conditional use permit.
5
s r
Altemative Locations. City staff has reviewed the NSP site and found other locations
that would be more appropriate for the storage building, especially in that it is a 9 p y temporary
structure that will be needed only as long as the property is used for ash landfill. Previous
plans from NSP have indicated a life span (from 2000 ) of the ash facility f about
y 10 to 12
years. The primary area identified for relocating the structure would be south of the
existing sedimentation pond near the edge of Valley View Park. The location is o
. n an
existing internal roadway within the site, and it is at an elevation that would separate p to the
building naturally from the residential properties. Significant natural vegetation g g exists
within the immediate area to partially screen the building.
9
RECOMMENDATION
Based upon review of the conditional use permit criteria specified in this report, our office
ce
recommends that the request for the building relocation in its proposed location be denied.
We would recommend that NSP propose an alternative location and work with City staff
taff
on the issues related to erosion control, health reports on fl ash storm water issues
Y and
funding of Perro Creek improvements, Building Code requirements, Design Guide
q g lines
requirements, and billboard removal.
If NSP determines it will proceed with an alternate location, we further recommend that
they make a proposal before the January 20, 2000 Planning Commission meetin g so that
this matter can be continued to the February meeting. The required additional information
would need to be submitted 20 days prior to the February meeting.
g
pc: Kris Danielson
6
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EXHIBIT A
Valley View Park
0 150 300 FEET Cfty of Oak Park Hef h!s Source: Aerial Photograph, 1996
8 City of Oak Park Heights