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HomeMy WebLinkAbout12-14-2000 Planning Commission Meeting PacketCITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA Thursday, December 14, 2000 - 7:00 PM 7:00 I. Call To Order II. Approval of Agenda III. Approval of October 12, 2000 Minutes (1) 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. MnDOT TH 36 Sub -Area Study as it pertains to Highway 36 interchanges within the City of Oak Park Heights:(2) B. Jacob Holdings Subdivison Request for property located at Neal Ave., N. and kown as Lot 2, Block 2, Jacob Addition:(3) C. William A. Costa Conditional Use Permit and Site Plan Review Request for property located south of 5990 Neal Ave. N.:(4) D. Chuck Dougherty District Zoning Amendment Request for establishment of a R- 1/B80, Single Family Residential /Bed and Breakfast District Zone located in the area of 15330 58th St. N.:(5) E. Wal -Mart Conditional Use Permit Request for property outside storage and landscape alteration at 5815 Norell Ave, N.:(6) 9:00 VI. New Business: A. Commission Member Recruiting B. Commission Representative Schedule Update (7) VII. Old Business: VIII. Informational /Update: IX. Adjournment Upcoming Meetings: January 11, 2000 Regular Meeting - 7:00 PM Council Representative: December - Commissioner Dahlquist January - de • CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, October 12, 2000 ENCLOSURE 1 Call To Order: Chair Hedlund called the meeting to order at 7:02 p.m. Present: Commissioners Dahlquist, Dwyer and Wasescha. Absent: Commissioner Beck. Staff Present: Community Development Director Danielson and City Planner Richards. Approval of Agenda: Commissioner Dwyer, seconded by Commissioner Wasescha, moved to approve the Agenda with the additions of Brackey Outlot A Roadway Options Update under "Information /Update ". Carried 4 -0. Approval of September 14, 2000 Minutes: Commissioner Dahlquist, seconded by Commissioner Wasescha, moved to approve the Minutes, with amendment to Old Business: A. Boutwell's Landing Update, second paragraph, second line, removing "and /or city log" and replacing the language with "and city logo ". Carried 4 -0. Visitors: None. Public Hearings: A. Roof -Tech, Inc. Request for Site Plan Review for property located at 14520 6 1st Street, Court, N.: City Planner Richards provided a summary of the applicant's request for an approximately 300 square foot office addition and approximately 600 square foot storage addition. He summarized his report, noting issues as they related to the proposed project's compliance with the City's zoning ordinance. Chair Hedlund opened the hearing for public comment at 7:12 p.m. Jerry Brown of Musicmakers Kits, Inc., 14525 61st St. Ct. N., Oak Park Heights, MN 55082, stated that he supported the improvements being proposed by the applicant. Commissioner Wasescha, seconded by Commissioner Dahlquist, moved to close the public hearing at 7:18 p.m. Carried 4 -0. Commissioner Dwyer, seconded by Commissioner Wasescha, moved to recommend City Council approval of the site plan and building elevations with the following conditions: 1). The applicant must stripe their existing bituminous parking area to show nine (9) off -street parking stalls. This striping must be white or yellow and four (4) inches wise. All stalls must be nine (9) feet wide and twenty (20) feet long. 2). The off - street parking area shall be provided with a concrete curb and perimeter subject to review and approval of the City Engineer. Planning Commission Minutes October 12, 2000 Page 2 of 5 3). The applicant must submit a landscape plan illustrating the number, size and species of plantings. This plan will be subject to the review and approval of the City Arborist. 4). If any changes are proposed for the site's exterior lighting, the applicant must submit a detailed lighting plan that demonstrates that the site's exterior lighting meets the performance standards outlined in Section 401.15.B.7.f. 5). The applicant must submit detailed grading, drainage and utility plans to the City Engineer for review and approval. Carried 4 -0. B. TCF National Bank, Request for Rezoning, Subdivision and Site Plan Review for property located at Neal Ave. N. in Outlot A., Brackey West Addition: City Planner Richards provided a summary of the applicant's request, allowing for pp q g construction of a 4, 400 square foot branch bank with drive -up service. He summarized his report, noting issues as they related to the proposed project's compliance with the City's zoning ordinance. Chair Hedlund opened the hearing for public comment at 7:20 p.m. Bruce Hillier of HTG Architects, 9300 Hennepin Town Rd., Eden Prairie, MN 55347, the architect for the proposed project distribute a revised site p lan to the Commission showing the relocation of the trash enclosure and requested in the City Planner's report. He addressed questions as to the locations, sizes, illumination and nature of signage designated for the proposed project. David Beaudet, 6400 Lookout Trail, N., Oak Park Heights, MN 55082, inquired as to how the roadway access to Neal Avenue aligned with those on the opposite side of the roadway. Charlie Melcher of TCF National Bank, stated that the left -hand turn lane would be shared and that the access way of the bank does not line up with the access way on the other side of the roadway. David Beaudet, 6400 Lookout Trail, N., Oak Park Heights, MN 55082, noted to the Commission that the property on which the proposed bank is to be situated is located within Brown's Creek Watershed District and that the applicant may be required to obtain a permit through that Watershed District's process. Commissioner Wasescha, seconded by Commissioner Dwyer, moved to close the public hearing at 7:32 p.m. Carried 4 -0. Commission discussion ensued wherein, the matter of signage pole height requirements, resolution of past curb cut issues, and discussion of re- wording some of the conditions found in the Planner's Report. 4- Planning Commission Minutes October 12, 2000 Page 3 of 5 Commissioner Wasescha, seconded by Commissioner Dahlquist, moved to recommend that the City Council approve the applicant's request with the following conditions: 1) . A development agreement shall be executed prior to issuance of a building permit. 2). All required connection fees shall be paid prior to the issuance of a building permit. 3). The applicant shall submit revised plans showing ninety (90) degree parking and proof of parking for the row adjacent to Neal Avenue prior to final action by the City Council. 4). The applicant shall submit a revised site plan illustrating the trash enclosure relocated adjacent to the northeast side of the building and that the enclosure will be made of the same brick material as the principal building prior to final action by the City Council. 5). The applicant shall secure permits from MnDOT to allow access to the site from Neal Avenue. • 6). All light fixtures in the drive- through canopy shall be recessed into the roof and comply with all requirements of the Zoning Ordinance. 7). All exterior lighting shall comply with the requirements of the Zoning Ordinance. 8). The landscape plan is subject to the review and approval of the City Arborist. 9). The drainage and utility plans are subject to the review and approval of the City Engineer. 10). The applicant is advised that City approval is not inclusive of other necessary governmental permits and approvals, including but not limited to, State and County Highway Departments, Watershed Districts and others that may apply. 11) . All other conditions of City staff, the Planning Commission and City Council. Carried 4 -0. New Business: None. Old Business: A. Public/ Institutional Zoning District Amendment: City Planner Richards reviewed his report noting direction of City Council for meeting to take place between the affected properties and the Commission. He further noted that staff has recommended adding parks, recreational facilities, structures or buildings as a conditional use within the proposed district, with the intent that minor changes to the parks would not require a conditional use permit. After brief discussion, it was the consensus of the Commission that the public hearing g on this matter should be re-opened ned and scheduled for public hearing to received public feedback from the affected property owners and their surrounding neighbors. B. Boutwell's Landing Lighting Plan: City Planner Richards and Community Development Director Danielson relayed the City Council's request for additional information regarding lighting issues for g g Boutwell's Landing as a result of their revised lighting plan. Mark Molian, Boutwell's Landing Campus Director; Dan Neudeker, Johnson, Sheldon, Sorenson °s Hafner Architects; and a representative from Architectural Lighting Designs were present. The gentlemen discussed issues and answer uestions as they y related to light pole heights, lens style and trail lighting. The Commission discussed VSSA's proposal to place twenty -four foot high light fixtures within the parking lots. Lengthy discussion was had as to the appearance of the fixtures, amount of light spread created, fixture design and economic issues related to having twenty -two poles twenty -four feet in height versus having thirty -six poles that are fourteen feet in height. David Beaudet, 6400 Lookout Trail, N., Oak Park Heights, MN 55082 noted that there were areas where this kind of lighting was in place, and indicated that he felt the Commission would benefit by observing the style of lighting before making a decision. He suggested that they wait until a later time to make a decision on the issue of the pole height as the building wouldn't be completed until Spring . Commissioner Wasescha, seconded by Commissioner Dahlquist, moved to recommend that decision on the parking lot lights be delayed until the fourteen -foot fixtures are installed in the streets. They further suggested that -- example fourteen -foot and twenty-- y four foot fixtures be installed in one of the parking lots before final recommendation and decision is made. Carried 4 -0. Additional discussion as has as to the lens style of the fixtures. VSSA indicated that they were interested in the drop lens (globe) style because of it decorative style and noted that the fixture is photo - metrically identical to the fixture originally submitted. The lighting fixture was displayed and its composition explained. Planning Commission Minutes October 12, 2000 4110 Page 4 of 5 • • • Planning Commission Minutes October 12, 2000 Page 5 of 5 Commissioner Dwyer, seconded by Commissioner Wasescha, moved to recommend approval of the drop lens style so long as the fixture complies with the 90 degree cut off and required by City Ordinance. Carried 4 -0. Finally, discussion was held as to lighting of the trails within the development. It was noted that the lighting of the park and trails is a recommendation from the Parks Commission to the City Council. To this end VSSA expressed their interest in lighting the parks trails with widely spread, fourteen -foot pole fixtures that would emit soft light have cut off designed to protect neighboring residences from light flood. Issues of discussion included which trails would be lit, what periods of time the lighting would be in operation and the distance of light coverage, and other related issues to lighting of the area. Commissioner Hedlund, seconded by Commissioner Dahlquist, moved to recommend that there be no lighting of the park or trails within the project. 2 -2, Wasescha and Dywer voting nay. Informational) Update: A. Brackey Outlot A Roadway Option Update: Community Development Director Danielson provided the Commission with an update to issue regarding this property. She summarized previous requirements established by the Planning Commission and noted that several access issues are being researched, as is the matter of public versus ownership of the road accesses and costs. B. Commission Training Workshop: Community Development Director Danielson informed the Commission that a training workshop would be conducted at 6:00 p.m., October 23, 2000 in the large conference room at City Hall and encouraged all those who could, to attend. Adjournment: Commissioner Dwyer, seconded by Commissioner Wasescha, moved to adjourn at 9:38 p.m. Carried 4 -0. Respectfully submitted, - Ljr{)-cLi Julie A. Hultman Community Development Secretary Approved by the Planning Commission: 1 AM Peak Hour p !agAH ozoZ • 69 69 69 L6Zt7 %99- 2020 Freeway 99 89 V9 0 2020 Expressway 917 8E Li/ 15532 %9Z PI!n8 oN OZOZ 917 017 Zt7 12289 s bu!ts!x3 000Z 617 L17 817 17089 - Change in Stops from 2020 No Build (% + or -) ... IRC Guidelines 99 1 99 I 55 s Mainline Average Speed . i Eastbound Average Speed (mph) . . (Ow) peadg aBeJeny punoqusenn I TH 36 Average Speed -Stops I PM Peak Hour 2020 Hybrid . I Lg . I 89 . LS . I 896`9 . , %L9 . 2020 Freeway . 99 a E9 t'9 0 2020 Expressway 6Z 9E 1 660`8Z %CC pl!n8 oN 0Z0Z cc . 8E .. SE 890' LZ s .. 2000 Existing L17 , Z• 5b 069'8 - Change in Stops from 2020 No Build (% + or -) ... IRC Guidelines 99 99 ■ • 1 55 I. Mainline Average Speed 1 • (ydw} I paedg a6eaany punoglsea ■ 1 . . . . westbound Average Speed (mph) 1 TH 36 Average Speed 1 -Stops 1 • MEM. ENCLOSURE Short Elliott Hendrickson Inc. inn dir ROM IkatalPtki Pwrs • a Q a a D �r 4 • Clo to \ ae t • tot, Nib tq a t y! ` a - t z ■ 16 CZ W Y i X " Y . e . 2 v 1111111 o 1111111111 1 ., * ii gt LT (le it • a•p, b r i m o MIME a 1 ►�iWtl!!4ilv::: w.�... ....11rric , 4 J • , l ot 0 •~ I • • k • _ 41 i 1 S l XY Q I_ u� 1 X10 Csi l ot LW 46 A . t 3 ›- AL Alio Q Q ° o v .. CI 3z 4 1/4S es oc tL K � tti —1 r w i 1 X NM ®al a ®© k� 7 1 Alp A.: " +M�M!Ri•fP4W��.•!1• C %: mM1Y04Yt •��tPti.e•.......+"w.w..w.ww.w. • . '47 - • - /Lim /F •.•►�C�a. i ' - .� r I •r 4 ? 4'/s • �_ r • filehimadif / r • } X r e us 4' tali "' • 3 1; .Is © • ► 1'R4 2ir PIIIIIII IME y BE D 0©D©DDtQ • .Pf4 � w x . ' 6_ r. •w • >- - • Items for Discussion: 1. Summary of October 18 Workshop TH 36 Alternatives Discussion Direction from Workshop Participants Implications on study scope /schedule 2. Task Status Updates Task 6 (Access Evaluation) Task 7 (Subarea System Alternatives) Task 8 (Traffic and Access Management. Strategies) Task 9 (Recreational and Environmental Improvements) 3. City Council Workshops 4. Related Project Updates: Lake Elmo/TH 5 Study North St. Paul 5. Other Issues/Discussion 6. Next Meeting 7. Enclosures: September 27, 2000 TEC Meeting Minutes Tech. Memo #9- Recreational and Environmental Improvements 11cpu421 cad \trans\2staffll - tr- planlulmerlth 361216agenda.doc \ ) TH 36 Subarea Study TEC Meeting #14 Notice and Agenda October 25, 2000 Oakdale City Hall Hadley Room(2 °d Floor) 2:30 -4:30 p.m. \qo .A'(-• Cam, ti, . � \c) = 3535 Vadnais Center Drive, 200 SEH Center, St. Paul, MN 55110 -5118 TO: TH 36 Technical Evaluation Committee FROM: Scott McBride, PE Jennifer Ulmer DATE: October 5, 2000 Trails • Willard Munger State Trail/Gateway Trail • County View Bike Trail in Grant (along CR 12) • Burlington, East River, East Avenue, and Hilton Trails in M ahtomedi • Norell Trail in Stillwater • Numerous local trails Scenic Areas and Roads • Two scenic overlooks in Stillwater (South Broadway Street, Lowell Park) • TH 96 • TH 95 • CSAH 15 DRAFT MEMORANDUM 651.490.2000 800.325.2055 651.490.2150 FAX • RE: TH 36 Subarea Study Draft Technical Memorandum No. -- 9 Recreational and Environmental Assets The purpose of this memorandum is to ' present the existing and proposed recreational and environmental assets in the TH 36 Subarea. This information will be used to identify opportunities for recreational and environmental improvements • p s associated with improvement alternatives on TH 36. The attached figure illustrates the existing • 36 Subarea. g xisting and proposed assets in the TH Existing Recreational and Environmental Assets The TH 36 Subarea contains numerous recreational and environmental assets including parks and open space, trails, scenic areas, lakes, rivers, wetlands, and historical sites. These assets are described below. Parks and Open Space • Katherine Abbott Nature Center in Mahtomedi • Lake Elmo Regional Park Reserve (just south of the study area, entrance on Keats Avenue) • Sunfish Lake Park and West Sunfish Lake Park in Lake Elmo • Brown's Creek Park and Nature Preserve in Stillwater • Numerous neighborhood and community parks throughout y P g the study area Short Elliott Hendrickson Inc. Offices located throughout the Upper Midwest Equal q al Opportunity Employer We help you plan, design, and achieve TH 36 Subarea Study Technical Memorandum No.9 Recreational and Environmental Assets October 5, 2000 Page 2 Lakes and Rivers • White Bear Lake • Long Lake and Echo Lake in Mahtomedi • Lake Masterman and Sunnybrook Lake in Grant • Lake De Montreville, Lake Olson, Lake Jane, Clear Lake, and Sunfish Lake in Lake Elmo • South Twin Lake, Lake McKusik, Long Lake and Lily Lake in Stillwater • McDonald Lake in Oak Park Heights • Numerous small lakes scattered throughout the study area • St. Croix River Wetlands • There are numerous wetlands throughout the study area including many DNR protected waters. • Lake Elmo conducted a detailed study identifying its wetlands in 1982 entitled Lake Elmo Water Resources Inventory. Historical Sites • Historic lift bridge in Stillwater • Numerous historic buildings in downtown Stillwater • Historic streetcar line in Grant, Stillwater, and Mahtomedi Proposed Recreational and Environmental Assets There are several proposed projects within the TH 36 Subarea that would enhance or add to its recreational and environmental assets. These projects include the following: g • The Green Corridor Project aims to provide a continuous "green" corridor by linking already Y protected lands with areas of farmland, natural areas, scenic areas, and other open spaces aces P through Washington and Chisago Counties. It is proposed that the owners of lands in the Green Corridor would be eligible for incentive -based land conservation tools that they can use in considering the future of their property. The four identified land protection tools include donated conservation easements, purchased development rights, transferred development rights, and land acquisition. Lands to be protected must meet the criteria for each tool and must be owned by landowners interested in participating in the ro ams. In P � June 1999, the Green Corridor Project released a report entitled Creating Green Corridors in Chisago and Washington Counties which presents an action plan for implementing incentive - based land conservation. The collaborators in the Green Corridor Project include 1000 Friends of Minnesota, Land Stewardship Project, Minnesota Land Trust, The Trust for Public Land, Minnesota Farmers Union, Washington County, and Chisago County. The proposed Green Corridor runs through the Cities of Grant and Lake Elmo in the TH 36 Subarea. The Green Corridor land identified in Grant largely follows the Gateway Trail and TH 36 in Lake Elmo. TH 36 Subarea Study Technical Evaluation Committee #13 Meeting Minutes Mn/DOT (Water's Edge Building), Roseville September 27, 2000 (2:30 p.m.) Present: Deb Sorenson, Linda Heath, Todd Clarkowski, Otto Schmid-Mn/DOT Doug Fischer Washington Co. Scott McBride, Heather Kienitz, Brent Rusco, Jennifer Ulmer --SEH Suzann Willhite —DNR Rick Vanzwol --IWLA Jay Kennedy—City of Grant -WSB Tom Melena, Dave Schaaf—Oak Park Heights 1. Review of August 23, 2000 TEC /Advisory Committee Meeting Minutes utes In several instances reference is made to "IRC Guidelines" where it should read "Access Management Guidelines ". 2. Task Discussion and Status of Activities A. Rick Vanzwol asked about obtaining crash data for intersections in the Subarea. It was decided that doing this for the entire Subarea would be beyond the y he scope of this study; however, it might be beneficial to analyze specific intersections P ons identified as "hot spots ". As a minimum it would be desirable to look at the TH 36 intersections. B. Further research of the wildlife area south of TH 36 was conducted since the last TEC meeting to clarify its boundaries. The wildlife area is only the section on southeast of the Gateway Trail and not the section adjacent to TH 36. This makes an interchange at Hilton Trail feasible. C. A freeway alternative will be the ultimate improvement to TH 36. The P layout of this alternative will determine what the interim plan will look like. A conceptual freeway alternative is almost complete for this study. There are still a few Y issues to work out including the continuity of the north frontage road, the buttonhook design g esign at Oakgreen/Greeley and the possibility of a connection at 58 Street in Oak Park Heights. D. The next step in this study is to develop an implementation plan for the P p recommended improvements. The implementation plan will include short-term, mid -term, long -term and beyond phases for improvement as well as necessary sary involvement among the cities and county. This will allow the communities to see how the improvements will impact them immediately and into the future. E. The implementation plan should also consider other factors in its analysis including the fact that bus -only shoulders are programmed for TH 36 in 2010 and • • • the TSP will include funding for interchanges as a g management strategy in the future. F. SEH will be meeting with the City Councils of communities Y the study area communities and the Washington County Board in the next couple months onths to receive their input. G. Discussion at the next TEC meeting will include the g reclassification of the Subarea roadways according to the latest draft of Mn/DOT's OT access management guidelines. 3. Background and Related Projects Update J P A. The kick -off for the Lake Elmo TH 5 study is September p mbar 29, 2000. B. North St. Paul —SEH is under contract to provide geometric layouts for the Margaret grade- separation and McKnight interchange with g g TH 36. 4. Action Items/Responsibilities A. SEH will continue to develop the tech memos for the next TEC meeting. B. SEH will develop a draft implementation P lan. C. SEH will contact the absent communities Lake Elmo, , Mahtomedi, Oakdale) to update them on the study's progress and schedule meetings with their City Councils. g i D. Jay Kennedy will schedule a meeting with g the Grant City Council and SEH. E. Tom Melena wilI schedule a meeting with the Oak Park • SEH. g Heights City Council and F. SEH will analyze the possibility of a connection at 58 Street in Oak Park Heights. t i G. SEH will investigate assembling intersection level accident data for TH 36 access points. 5. Next Meeting Wednesday, October 25, 2000-- Mn/DOT Metro Division Office e Edge Building) Conference Room 323, 2:30.4:30 P .m. ( 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9536 Facsimile: 952.595.9337 nac@vvintemet.com PLANNING REPORT NORTHWEST ASSOCIATED CONSULTANTS, INC. BACKGROUND ENCLOSURE TO: Tom Melena FROM: Jason Lindahl / Scott Richards DATE: December 7, 2000 RE: Oak Park Heights - Jacob 2 Addition Prelimina ry and Final Plat FILE: 798.02 - 00.15 The applicant, Jacob Holdings of Stillwater, LLC, is requesting preliminary and final plat q g p rY p approval for the property known as Lot 2, Block 2, Jacob Addition. This roe p p ttY was originally platted in 1998 as Jacob Addition. In 1999, the owner obtained adjacent parcels from the Minnesota Department of Transportation. The applicant wishes to create Jacob 2nd Addition with two Tots for commercial development. The subdivision of this site is complicated by an existin g Northern States Power easement and a drainage pond easement. No structure may be built within the easements. As a result, development is limited to the northern half of the roe p p rtY . This limitation necessitates that Lot 2 have a long access from Neal Avenue North to the development footprint in the rear of the lot. • Attached for Reference: ANALYSIS Exhibit A: Preliminary & Final Plat Dated October 18, 2000 The subject property's guided land use designation and zonin g are consistent for commercial development. The City's Comprehensive Plan guides the property for commercial use. In addition, the site is surrounded by land uses which are compatible with commercial activity. The property in question is surrounded by commercial uses to the north, south, and east and Highway 5 to the west. Finally, the subject property is Y J p p Y 3 zoned B -2, General Business District. This district allows both permitted and conditional use commercial activity. Conformance with Design and Layout Principals. Both Lots 1 and 2, as proposed, are in conformance with the Area and Building Size Regulations for properties in g p p the B-2 District as outlined in Section 401.15.C.2 of the Zoning g Ordinance. These requirements, along with the standards for the proposed lots, are illustrated in the chart below. Area and Building Regulations for Properties in the B -2 District Category Lot Area Lot Width Building Height Standard 15,000 Sq. Ft. 100 Feet 35 Feet Lot 1 59,313 (1.36 Acres) 245 Feet N/A Lott 174,793 Sq. Ft. (4.01 Acres) 100 Feet N/A Status Compliant Compliant N/A Despite the conformity of these Tots, the applicant should make two revisions to the plat. First, the applicant should shift the side lot line of Lot Two at least 2.53 feet to the south at the street right -of -way to allow Lot 1 to have 250 feet of frontage on Neal Avenue North. This will allow Lot 1 the frontage required for two potential access points. Second, the applicant should plat Outiot A, which consists entirely of a drainage and Y g easement, as part of Lot 2. According to the City Attorney, this will protect the City tY from the possibility that Outlot A could revert to City ownership. The applicant has . p pp agreed to these revisions. Easements. The applicant has indicated the need to adjust the existing drainage and . g g utility easement on Outlot A. The applicant has requested that the existin g easement be vacated and replaced with the new easement shown on the preliminary plat. The new easement along with Outlot A will become part of Lot 2, Block 2, Jacob 2nd Addition. Access. Both lots will have access and utilities from Neal Avenue North. The access to Lot 2 will be located directly opposite the northern access to the Oak Park Ponds shopping center. The applicant envisions two access points for Lot 1. These curbs cut must be at least 40 feet from one another. The position of the accesses and the installation of all utilities shall be subject to the review and approval of the City Engineer. g ineer. Park Dedication. Subdivision of this property does not require park dedication. The applicable park dedication fee was paid as part of the previous plat. 2 • • RECOMMENDATION Staff recommends approval of the preliminary and final plat of Jacob 2 Addition. �/ p This recommendation is based on the findings contained in this report and subject t . p subject to the conditions listed below. 1. The applicant shall shift the side lot line of Lot 2 to the south at the street right -of- way to allow Lot 1 to have at least 250 feet of frontage on Neal Avenue North. 2. The applicant should plat Outlot A as part of Lot 2. 3. The drainage and utility easement of Jacobs Addition be vacated and replaced with the easement indicated on the preliminary plat. 4. 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O 1 /b; N La_ /V• LA, / -\ L -J / -• L -J .,' Z Lai F - - If\ 1� LLJ 8 6 8 4 ,J' BACKGROUND NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St, Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac a@vvi nternet.com PLANNING REPORT TO: Tom Melena FROM: Jason Lindahl / Scott Richards DATE: December 7, 2000 RE: Oak Park Heights — Pony Express Auto Wash FILE: 798.02 - 00.19 ENCLOSURE The applicant, Mr. Costa, is requesting site plan approval and a conditional use p ermit to allow the construction of a 10,186 square foot drive through car wash. The subject property is zoned B -2, General Business District. A conditional use permit is necessary, in this case, because drive through car washes are conditionally permitted uses in the Yp B -2 District under Section 401.30.E.2. Attached for Reference: ANALYSIS Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Site Plan Dated 11 -30 -2000 Landscape and Sign Plan Dated 11 -30 -2000 Lighting Plan Dated 11 -30 -2000 Grading and Drainage Plan Dated 11 -30 -2000 Exterior Elevations and Floor Plan Dated 11 -30 -2000 Comprehensive Plan and Zoning. The subject property's guided land use designation 9 and zoning are consistent for a commercial drive through car wash development. The City's Comprehensive Plan guides this property for Commercial use. In addition, the site is surrounded by compatible land uses including: commercial uses to the north, south, and east and Highway 5 and the Kern Center business and warehouse use to 411 the west. Finally, the subject property is zoned B -2, General Business District. Drive through car washes are a conditionally permitted use with the B -2 District. oUIIUIu19 renormance S tanaards Tor Properties in the B -2 District Category Standard Proposed p Status Front Yard , 40 ft. 300 ft. Compliant ant Compliant ant Compliant ant Compliant Compliant ant Compliant plant Side Yard (North) 20 ft. 20 ft. Side Yard (South) 10 ft. 12.5 ft. Rear Yard 20 ft. 20 ft. Building Height 35 ft. 16.25 ft. Parking 10 ft. 10 ft. Lot and Building Performance Standards. The current property owner is requesting preliminary and final plat approval of this site as part of another ther application. This plat would create Lots 1 and 2 Jacob 2 nd Addition. Should the City Co • y uncfl approve this plat, the ebrrr�ance ,car ., wash ,will be built on Lot 2. As p p ro osed Lot 2 meets the minimum lot � . � standard � p for properties in the B -2 District. The Ordinance standards and proposed lot standards are illustrated in the chart below. Lot Area Regulations for Properties in the B -2 District Category Lot Area Lot Width Standard 15,000 Sq. Ft. 100 Feet Lot 2 174,793 Sq. Ft. (4.01 Acres) 100 Feet Status Compliant Compliant As proposed, the subject building meets the minimum building area, height, and setback standards for buildings in the B -2 District. This information is de below. detailed in the chart Parking / Loading. According to Section 401.15.F.9.i, drive through car washes are required to provide a minimum of ten (10) spaces or one (1) space for each employee on the maximum shift, whichever is greater. The applicant has indicated that the car wash will have 20 employees on its maximum shift. Therefore, the site will be required to provide 20 off - street parking stalls. The existing site plan shows 10 off - street parking stalls. The applicant should revise the site plan to show the required number of off- street parking stalls. The applicant appears to have sufficient area for the loading and unloading site g oading of supplies. However, the site plan does not have a designated loading area. The ' g applicant should revise the site plan to show a designated loading area. Access. Access to the subject property is in conformance with the minimum standards outlined in the City Code. According to Section 401.15.F.h.8 no curb cut 401.15.F.h.8, shall exceed 24 feet in length. The applicant's site plan indicates that the subject property ' � p operty will have a 24 -foot curb cut for access along Neal Avenue North. The access is r p oposed across the street from the access to the Oak Park Ponds shopping center. These pp g ese accesses should be aligned as closely as possible. Final location of the access is subject � ct to the review of the City Engineer. 2 • Landscaping. The applicant submitted a preliminary landscape plan. This plan should • be revised in accordance to the standards outlined in the Zoning Ordinance. First, the landscape plan must show the location, number and species of all plantings. Second, any plantings placed within a utility easement shall not exceed twenty (20) feet in height. All planting within a utility easement are subject to removal by the City or utility company and shall be maintained and / or replaced by the owner. Third, the applicant shall add plantings in groupings with more diverse types of evergreen and deciduous trees. The final landscape plan is subject to the review of the City Arborist. Lighting. The applicant's lighting plan appears to meet performance standards outlined in Section 401.15.B7. According to the plan, all outdoor lighting will be incorporated into the building's facade. Each light must be hooded at no greater than a 90- degree angle to direct light toward the ground and away from adjacent rights -of -way. Trash Enclosure. According to the applicant's site plan, all trash receptacles will be stored inside the principal building. This is in conformance with the standards for screening trash receptacles as outlined in the Zoning Ordinance. Design Guidelines. Office and commercial buildings must use at least three Grade materials and mist be composed of at least sixty -five (65) percent Grade 1 or Grade 11 materials. Glass must make up thirty (30) percent of this sixty -five (65) percent, (twenty (20) percent of building facade must be glass). Not more than thirty -five (35) percent of the building shall be Grade 11 or Grade 111 materials and not more than (10) percent of the building shall be Grade IV. 41) Exterior Wall Materials Type of Material Grade Stucco "Dyvit" 1 Dec. Con. Mason 4,130 s• . ft. Glass Co • • er Kolor Klad Square Footage 1,700 sq. ft. 670 sq. ft. 1,750 s.. ft The building's exterior materials do not meet the strict interpretation of the Design p g Guidelines. These guidelines do not address commercial structures that are service retail and not strictly retail or office uses. To brin g building's appearance buildin ' earance closer to the intent of the Design Guidelines, the applicant has agreed to staff's recommendation 9 to add decorative vertical column elements to all corners of the buildin g and to the north elevation. The columns should be spaced approximately every 30 feet along the north Y rY g elevation. These vertical elements will help to breakup the building's long horizontal p g g appearance and bring it closer to the intent of the Design Guidelines. The applicant pp shall provide revised elevations to shown that the building's exterior appearance will g pp meet the intent of the Design Guidelines. 3 Percent of Facade 2 8/ 42't Signage. According to Section 401.15.G.8.d, properties in the B -2 District are allowed p owed both freestanding and wall signs. The site is allowed one freestanding sign with g th a maximum size of 150 square feet or 15 percent of the front facade of the building, whichever is less. In addition, since this property is on a corner, the site is allowed up to two wall signs. The total square footage of both wall signs may not exceed 150 square Y q e feet or 15 percent of the front facade of the building, whichever is less. Staff recommends that the applicant revise their sign plan to meet the standards plan lords outlined above. The applicant is proposing three wall signs on three of the building's elevations. Staff recommends the applicant divide their si na a into two allowable wall g g signs between the exterior walls facing Highway 5 and Highway 36. In addition, the applicant should change their proposed pylon sign along Highway Hi hwa 36 to a monument sign along Neal Avenue North. This new monument sign would then replace the need for any additional directional signs as proposed. Grading and Drainage. The City Engineer has requested that the applicant submit revised grading and drainage plans. These plans must show curb and cutter around all driveways and parking areas. These plans will be subject to the review and approval of the City Engineer. Conditional Use Permit. Section 401.30.E.2 indicates that drive through car wash facilities are a conditional use within the B -2 District. As such, the site must comply with the standards outlined below. 1. The architectural appearance and functional plan of the building and the site shall not be dissimilar to the existing buildings or area as to cause a impairment in property values or constitutes a blighting influence within a reasonable distance of the lot. Finding: The architectural appearance and functional plan of the building and the site are similar to the surrounding buildings. While the exterior materials of the proposed building do not meet the strict interpretation of the design guidelines, the applicant has agreed to add vertical elements to the building to insure it will meet the intent of the design guidelines. 2. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City Engineer. Finding: According to the applicant, the car wash can accommodate 8 cars in a 30- minute period. The site plan shows enough room to allow 10 cars in front of the wash / prep area and an additional 8 cars in the driveway area. 3. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.15.E of this Ordinance. 4F • • • Finding: This site does not adjoin on a residential zoning district and d meets the minimum setback standards for properties in the B -2 District. 4. Parking or car magazining storage space shall be screened from view f o abutting residential districts in compliance with Section 401.15.E of this Ordinance. Finding: The subject property does not adjoin on a residential district ct and its landscape plan will be revised to meet the minimum requirements outlined q t ned in Section 401.15.E of this Ordinance, subject to the review and approval of the a City Arborist. 5. The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. Finding: All areas of the site, except those occupied by the building or plantings, p Y g p 9s, are to be paved. All grading and drainage plans are subject to the review and J approval of the City Engineer. 6. The entire area shall have a drainage system which is subject to the approval Y subject pp oval of the City Engineer. Finding: The City Engineer has requested that the applicant submit revised d grading and drainage plans that demonstrate that all driveways and parking Y p g areas will have curb and cutter. These revised plans grading and drainage plans g 9 p are subject to the review and approval of the City Engineer. 7. All lighting shall be hooded and so directed that the light source is not visible ble from the public right -of -way or from an abutting residence and shall be in g compliance with Section 401.15.B.7 of this Ordinance. Finding: The applicant's lighting plan appears to meet performance standards outlined in Section 401.15.B7. 8. Vehicle access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. Finding: The subject property will have one access oint along Neal Avenue p 9 North. This access meets the standards outlined in Section 401.15.F. However, the applicant should adjust the location of the access to insure that it aligns with the northern access to the Oak Park Ponds shoppin g center. 9. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G of this Ordinance. 5 Finding: The applicant will be required to revise their existing sign plan to conform with the standards for properties in the B -2 District as outlined in Section 401.15.G of the Zoning Ordinance. 10. Provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. Finding: The provisions of Section 401.03.A.8 of this Ordinance have been considered and met. RECOMMENDATION Staff recommends approval of the site plan, Design Guideline review, and conditional use permit to allow the construction of a 10,186 square foot drive through car wash. This recommendation is based on the finding contained in this report and subject to the conditions listed below. 1. The City Council approves the preliminary and final plat for Lots 1 and 2, Block 1, Jacob 2 Addition. 2. The applicant must revise the site plan to show twenty (20) off - street parking stalls. 3. The applicant shall submit a revised site plan to shows a designated loading g area. 4. The access to the subject property shall be aligned to the extent possible with the northern access to the Oak Park Ponds shopping center subject to approval of the City Engineer. 5. The applicant shall submit a revised landscape plan with the following changes. a. The plan shall show the location, number and species of all plantings. b. Any plantings placed within a utility easement shall not exceed twenty (20) feet in height. All planting within a utility easement are subject to removal by the City or utility company and shall be maintained and / or replaced by the owner. c. The applicant shall add plantings in groupings with a diversity of evergreen and deciduous varieties. d. The final landscape plan is subject to review and approval by the City Arborist. • 6. All exterior lighting shall be hooded to direct light toward the ground an g g and away from adjacent rights -of -way at no great than a 90-degree angle. 9 g 7. The applicant shall revise the building's exterior by adding decorative ' g y g at�ve vertical column elements to all corner of the building and to the north elevation. The he columns shall be spaced approximately every 30 feet along the north elevation. on. The applicant shall provide revised elevations to show that the building's exterior ear g or appearance ance will meet the intent of the Design Guidelines. 8. The applicant shall submit a revised sign plan which complies with the standards ds outlined in Section 401.15.G. 9. The applicant shall submit revised grading and drainage plans that demon g g p demonstrate the all driveways and parking areas will have curb and cutter. All grading, . g g, drainage, and utility plans are subject to the review and approval of the City y Engineer. pc: Kris Danielson 7 Ii )NIAVd S ONE HJH r—, 59.00' 1 Si {f 7 r c w.; C!3 111 11111 I i ill ! • • • • tg: 2 • o-.o1 r ar,E rub • — z timestaMES: otsllAva SIIONITAlf111EI .0 ,O*0£ z z (,) 99'6CC • z z 0 %vr E:-1 < 0 0 0= JI .44 c 5 c. ;LIU kr) o Ed.i A I 4 1 n 0 • 0 Cei • 145ir. ,- L4 e z ,,, ,4 , 6 q -,-e. ,....)., , * 't 4C1 ----- 4, ■-1 \ orsL, ,1 8 , c 1 ° . ) • :ANTI 1... T 774.. " ., 1, U,L11 1. 4...TS " a " g TINITIV4-11\1 11 . 1fr VNIV "z- 41. 1 • -•,. • , , :dr = C.D U.J CZ) LU z 1. g 1 ■ 61 , 0#3 1\ 1 l ' 1 1 / • V • z 1 r A1{1111111 • fl 1 1. I .1 LL IIH 011111 N 0O2 on 7). E 0-4 PLANNING REPORT TO: Tom Melena FROM: Scott Richards DATE: December 6, 2000 RE: Oak Park Heights — Cover Manor Zoning FILE NO: 798.02 — 00.16 BACKGROUND Attachments: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: I1OflI$! �$$OCI�!t CON$UI!�NTS, 111E, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@winternet.com Property Location Map Letter from Chuck and Judy Dougherty (with attachments) R -1 District R -2 District R -3 District R -B District ENCLOSURE 5 Chuck and Judy Dougherty have made application to rezone their Cover Manor property located at 15330 58 Street North. The property is used as a residence for the p Y family and as a bed and breakfast with four guest suites. In 1999, the area, including the Dougherty property, was zoned from R -2, Low and Medium Density Residential to R -1, Single Family Residential. Bed and breakfast facilities are a listed conditional use in the R -2 District, but not currently allowed in the R -1 District. The Doughertys are proposing an expansion that would add a total of ten guest suites, meeting rooms, a commercial kitchen, a small breakfast room and a lounge /social room. The request of the applicant is to examine the options for rezoning their property and amendments to the Zoning Ordinance to accommodate their proposal. They are not requesting a review of their specific building and expansion plans at this time. ANALYSIS Zoning Request. The Doughertys have requested that a R -1 Zoning District, specific a to, p lied and breakfast use, be created to accommodate their expansion plans. The R -1 Di have been created for Oak Park Heights to accommodate varying lot sizes for neighborhoods of single family development. It is unusual that. a City would include a home business such as a bed and breakfast in an R -1 District. Cities that allow for bed and breakfasts usually accommodate them in low and medium density districts, such as the existing R -2 District of the Oak Park Heights Zoning Ordinance. It would not be advisable to create a zoning district specific to use or to accommodate development of one property. Options to Consider for Bed and Breakfasts. The bed and breakfast use as conditional in the R -2 District is limited by the restrictions included in the conditions. Also, please note that the allowed permitted and conditional uses of the R -2 District carry over to the R -3 and R -B Districts (see Exhibits 5 and 6). A maximum of four bed and breakfast units may be established in a structure. Additionally, dinin g and other facilities shall not be open to the public. The Doughertys are ro osin ten units and P P g the allowance to host groups for meetings, dining and socializin g may that ma not be overnight guests of the inn. The Planning Commission and City Council must first of all decide if it wants allowances for larger bed and breakfasts or small inns within one or more zoning districts districts of the City. This consideration should be made on what is best for the City as a whole, and if Y , the additional allowance for bed and breakfast could positively impact the community b p Y Y attracting business and tourists. The following options could be considered to allow an expansion of the bed and breakfast use in the City. Option 1. Create a new R -1, Bed and Breakfast zone as requested by the Doughertys. Y This zone would be established to allow for single family development and bed and breakfasts. Pros: Limits use in district to only single family homes and bed and breakfasts. Cons: Bed and breakfast facilities, especially those with as many Y any as ten units may not be compatible with a single family neighborhood. Creating a specific zoning district for a particular location in a community is spot zoning and could be legally challenged. Option 2. Amend the R -2 District conditions for bed and breakfasts to allow up to ten or p 12 units and exclude the requirement that dining and other facilities shall not be available to other than overnight guests of the facility. Pros: A new zone is not created. 2 • • Cons: The intensity of use for a bed and breakfast is significantly increased with . .. y this option which raises compatibility issues with in neighborhood settings. . 9 Significant areas of the City are zoned R -2. The Planning Commission and City Council must be comfortable with allowing an expanded bed and breakfast use in any of these districts. If a property is rezoned from R -1 to R -2 to accommodate a bed and breakfast, the setting must be appropriate to accommodate other R -2 allowable uses including two to four multiple family dwelling structures. Option 3. Amend the R -B, Residential Business District to allow for bed and breakfasts as a conditional use. The conditions added to the district provisions would allow for up to ten to 12 units, service to persons that are not overnight guests, but not allow a full restaurant or even coffee shop. Pros: A bed and breakfast or small inn is compatible with the mixture of residential uses /business uses currently allowable in the R -B District. The City has used the R -B District in the past as an effective transitional use between neighborhoods and business areas. A bed and breakfast facility could serve as a good transitional use. Cons: Properties rezoned from a single or two family residential district to accommodate a bed and breakfast must be in a setting that is appropriate for the multiple family and business uses that could replace the bed and breakfast use. CONCLUSION There is no easy fix solution to accommodate expanded bed and breakfast facilities or inns in the Zoning Ordinance. The Planning Commission and City Council must consider whether this is a use that is appropriate in or near neighborhood settings. The discussion should first focus on the Zoning Ordinance issues and not whether the ordinance can be fixed to accommodate the Doughertys' plans. Once a clear direction on zoning has been made, the Doughertys' plans can be considered. pc: Kris Danielson 3 0 0 0 1 7.rr 1w 1 Who ram • � rj 111111 1111 1111 II 11111111111111 �� III , 111111 II IC :iii� IIIIII N p !!,iIIlNlll 11 NM �1 11111111 �, 1 � � na �� i 1 H w QOO X11 11 O O O O 0 O EXHIBIT 1 Mayor and City Council City of Oak Park Heights 14168 Oak Park Blvd. North Oak Park Heights, MN 55082 November 9, 2000 Dear Mayor and City Council, Enclosed you will find our application pertaining to rezoning and explanation of our Bed & Breakfast, p eakfast, The Cover Park Manor, located at 15330 58 Street North. Since we have moved to the property last year we have been making plans to expand the innkeepers this g P P pers living quarters. During ts planning stage we have also had time meet and talk with many of our guests and potentional guests to get their input into what they feel would be a g ood addition to the Manor. We have also taken time to look at what our needs with this business are. The number one item would be to increase the number of guest rooms, to be able to accommodate the number f 0 requests we get from people coming out to enjoy the Valley. We have also had many requests from q groups looking for a secluded place to hold meetings and retreats. To be able to host these ou � s ' P, we would need more rooms and a larger meeting area. Our personal needs are to add a three bedroom living quarters, and expand the business to be able finance this expansion. We have talked with neighbors to get their feelings about this rezoning and have found nothing but g g support. Enclosed is a petition signed by many of the affected neighbors. • Enclosed you will find the following: • Explanation of the project and our request. • Development application. • Copy of the petition. • Property Tax statement. • Parcel search and mailing list. • A check for $ 1400, $400 for base fee and $1,000 for the escrow account. We look forward to working with you in the realization of this exciting project. ect. gP J Sincerely, -r uck & Judy Dougherty EXHIBIT 2 the coves pARk (DANOR PROJCCt Our goal is to create a relaxing country manor that can accommodate the tourist travelers' needs and also the needs of the small meetings and retreat business from our area and the Twin Cities' market. We are proposing to add an addition of guest suites, meeting rooms and larger Innkeeper's quarters to the existing Cover Park Manor Bed & Breakfast. The new structure would match building type and style of the existing Inn. Specifically as follows: Guestrooms: There would be five new guest suites on the second floor of the addition. We would also be reconfiguring the rooms in the existing house to change that number ber of rooms from four to five. This would then give us a total of ten rooms at the Manor. Conference space: The first floor of the new addition would be a meeting room(s) roam () with a total space of approximately 1350 square feet. This could be used as one large room or divided din half by use of an airwall. We will be installing a commercial kitchen, add a small breakfast room and a lounge type room that could be used as additional meeting ooms or g a social room for the guests. Private living quarters for Innkeeper: There would also be an addition of a three bedroom private living area for the o innkeeper. g weer / • 1 • • • The following are items from our conversations with Kris Danielson and Scott Richards that we would request the city take action on: 1. The creation of a Bed and Breakfast zone. It is our understanding that the best way to handle our property would be to create a new Bed and Breakfast / R -1 zone and then rezone our property and the NSP property to the west to this new zone. We - would like to work with the city staff on the creation of this new zoning ordinance and then have our property and the NSP property rezoned to this new zone. 2. It is our understanding that the City has a program for special assessment for earthwork and below grade foundation and cement work. We would like to apply for this program with construction of our addition. 3. We would also be interested in exploring any other financing assistance that may be available through the city government, if there is any. 4. We would like to secure a wine, beer, liquor license for our operation. 5. We have an agreement of right of first refusal with NSP (Excel Energy) to purchase the land directly to the west of our property. The rezoning also applied to that property. 6. All new construction will match the building type and style of the existing manor and will be within the requirements of building ordinances governing this type of construction and zone. Marne T would be in favor of rezoning the Dougherty's property at 1 5330 58 St N. and the di NSP property directly to the west of their property to a new RI / Bed and Breakfast type zone. I understand that the Chuck and Judy Dougherty would like to expand their e xisting bed & breakfast to ten guestrooms and also be able to host small meetings. ( 2 1 /L ifeli )ez ZR \i\i-tplAiv 13\4 3 5-SN ( {3 - v, ho i s 1:164 :57A? Pp��{�.��I OPT} 4 qi tG 4 -- Address Phone JS35 /533/ ce' S 51 Ad/er % 4/ iTYST a(e--/ 09ve 5 Pe F PI� ,5 ej.yekif ///e /5ii6 a/AL-5/ A/ i5f 75 6(44. Y39 - 3`37 v 3y- 7 o X 39- 7ne 79 75 35 7179 7]KL.W' G 336- 5 2/si N (43 -9L >6 i I would be in favor of rezoning the Dougherty's property at 15330 58 St N. and the 41/ NSP property directly to the west of their property to a new RI / Bed and Breakfast type zone. I understand that the Chuck and Judy Dougherty would like to expand their existing bed & breakfast to ten guestrooms and also be able to host small meetings. f :e, fit )017-/ep- ;7,36 'Ai n'•9-' � 401.22. R -1, SINGLE FAMILY RESIDENTIAL DISTRICT 401.22.A. Purpose. The purpose of the R -1, Single Family District is to provide for low density single family detached residential dwelling units and directly related, complementary uses. 401.22.6. Permitted Uses. The following are permitted uses in an R -1 District: 1. Single family detached dwellings. 2. City parks and playgrounds. 3. Day care facilities serving twelve (12) or fewer persons. 4. Residential care facilities serving six (6) or fewer persons. 5. Cellular telephone antennas located on a public structGre as regulated in Section 401.15.P of this Ordinance. 401.22.C. Interim Uses. The following are interim uses in an R -1 District: 1. None. 401.22.D. Accessory Uses. The following are permitted accessory uses in an R -1 District: 1. Private garages, parking spaces and carports for licensed and operable passenger cars and trucks not to exceed a gross capacity of twelve thousand (12,000) pounds, as regulated by Section 401.15.F. (Off- Street Parking) of this Ordinance. Private garages are intended for use to store the private passenger vehicles of the family or families residing upon the premises, and in which no business service or industry is carried on. 2. Recreational vehicles and equipment. 3. Home occupations. 4. Private swimming pools when fully in compliance with all applicable State standards. 22 -1 EXHIBIT 3 5. Tool houses, sheds and similar buildings for storage of domestic supplies and non- commercial recreational equipment. • • 6. Public parks and playgrounds. 7. Essential services. 8. Radio and television antennas including single satellite dish TVROs one (1) meter or Tess in diameter, short -wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers, as regulated in Section 401.15.P of this Ordinance. 401.22.E. Conditional Uses. The following are conditional uses in an R -1 District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance.) 1. Public or semi- public recreational buildings and neighborhood or community centers' public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples and synagogues provided that: a. Side yards shall be double that required for the district, but no greater than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 401.15.E. of this Ordinance. c. Adequate off- street parking and access is provided on the site or on Tots directly abutting across a public street or alley to the principal use in compliance with Section 401.15.F. of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 401.15.E. of this Ordinance. d. Adequate off- street loading and service entrances are provided and regulated where applicable by Section 401.03.F of this Ordinance. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 2. Water supply buildings, reservoirs, wells, elevated tanks and similar essential public utility and service structures. 22 -2 3. Residential planned unit development as regulated by Section 401.06 of this Ordinance. 4. Single satellite dish TVROs greater than one (1) meter in diameter provided that: a. The provisions of Section 401.03.A.8 and Section 401.15.P of this Ordinance are considered and satisfactorily met. 5. Cellular telephone antennas not located on a public structure provided that: a. The provisions of Section 401.03.A.8 and Section 401.15.P of this Ordinance are considered and satisfactorily met. 22 -3 • 401.26. R -2, LOW AND MEDIUM DENSITY RESIDENTIAL DISTRICT 401.26.A. Purpose. The purpose of the R -2, Low and Medium Density Residential District is to provide for low to moderate density residential dwellings and directly related, complementary uses. 401.26.B. Permitted Uses. The following are permitted uses in an R -2 District: 1. All permitted uses allowed in an R -1 District. 2. Two family dwelling units. 401.26.C. Interim Uses. The following are interim uses in an R -2 District: 1. None. 401.26.D. Accessory Uses. The following are permitted accessory uses in an R -2 District: 1. All accessory uses as allowed in an R -1 District. 401.26.E. Conditional Uses. The following are conditional uses in an R -2 District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance.) 1. All conditional uses, subject to the same conditions as allowed in an R -1 District. *2. Townhouses, quadraminiums, cooperatives and condominiums as defined in Section 401.02.B. of this Ordinance. 3. Multiple family dwelling structures of not more than four (4) units, provided that: a. The proposed site contains at least three thousand five hundred (3,500) square feet per dwelling unit. b. The proposed site is located adjacent to a collector or minor arterial street. * Amended Ord. No. 97- 401.02, October 14, 1997 26 -1 EXHIBIT 4 g c. At least one (1) garage space is provided for each dwelling unit. d. The proposed site is landscaped and screened with planting materials in compliance with Section 401.15.E. of this Ordinance. e. The proposed structure design is reasonably compatible with its low density residential environment, as determined by the City Council. *f. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. 5. Bed and breakfast facilities providing that the following criteria are met: a. A maximum of four (4) bed and breakfast units may be established within a structure. b. The facility shall have a State license (hotel and food), and comply with all health, safety, building and fire codes as may be required or applicable. c. Facilities shall be owner or manager occupied at all times when guests are present. d. The principal structure shall have a minimum size of one thousand seven hundred fifty (1,750) gross square feet and shall be located on a lot which meets the minimum dimensional lot requirements of the district in which it is located. e. All bed and breakfast units shall be established within the principal structure. f. Not more than the equivalent of one (1) full -time person shall be employed by the bed and breakfast facility who is not a resident of the structure. Dining and other facilities shall not be opened to the public, but shall be used exclusively by the registered guests and residents. h. Two (2) off - street parking spaces shall be provided for the home plus one (1) space for each bed and breakfast unit. Parking areas shall be screened and landscaped and no parking space shall be located in the front yard area of the property. * Amended Ord. No. 97- 401.02, October 14, 1997 26 -2 Not more than one identification sign not exceeding six (6) square feet in area may be located on the premises. The sign shall be reflective of the architectural features in the structure and may not be externally or internally illuminated. Adequate lighting shall be provided between the principal structure and the parking area for the safety of guests. All external lighting shall be regulated 9 g g by conditional use permit. *6. Manufactured Housing Parks. Manufactured housing parks including manufactured single family housing units, offices limited to the administration of the park, recreational buildings and structures, storm shelters, and other directly related complementary uses, provided that: a. General Provisions for all Manufactured Home Parks. 1) Area. All land area shall be: a) Adequately drained. b) Landscaped to control dust. c) Clean and free from refuse, garbage, rubbish or debris. 2) Outdoor Camping. There shall not be outdoor camping anywhere in a manufactured home park. 3) Public Access. Public access to manufactured housing parks shall be as approved by the City. 4) Building Permit. All structures (fences, storage, decks, etc.) shall require a building permit from the Building Official. Fences shall be prohibited on individual manufactured home lots. 5) Foundation Enclosure. The area beneath a manufactured home shall be enclosed except that such enclosure must have access for inspection. 6) Community Building /Emergency Storm Shelter. A manufactured home park shall have an adequate central community building and storm shelter. Such building must be constructed in conformance with Chapter 1370, Department of Administration, Minnesota State *Amended Ord. 98- 401 -02, 12 May 1998 26 -3 Building Code requirements for storm shelters and be provided with rest room facilities, have adequate heating in all areas, and be maintained in a safe, clean and sanitary condition. Additionally, all emergency storm protection measures shall be subject to the approval of the City Council. 7) Lot Setbacks. Individual manufactured home lot setbacks: a) No manufactured home shall be located closer than ten (10) feet to a side or rear lot line. The front yard setback shall be at least thirty (30) feet from the street surface. On corner lots, the side yard setback shall be at least twenty (20) feet from the street surface. No manufactured home shall be located closer than thirty (30) feet from the periphery lot line of the manufactured home park. 8) Permitted Encroachments. a) Attached steps, uncovered stoops, and landings may encroach up to five (5) feet into a side yard setback, provided that they do not exceed twenty (20) square feet in area or extend closer than ten (10) feet to a structure on an adjacent lot. b) An eave or overhang may encroach up to one (1) foot into a front, side and rear setback. 9) Building Height Requirements. No structure shall exceed one (1) story or twenty -five (25) feet, whichever is least. 10) Utilities. a) All manufactured home parks shall be connected to a public water and sanitary sewer system. b) All installations for disposal of surface storm water must be approved by the City and applicable watershed district. c) All utility connections shall be as approved by the City. d) All utilities shall be underground. There shall be no overhead wires or supporting poles except those essential for street or other lighting purposes. 26-4 • e) g) No obstruction shall be permitted that impedes the inspection plumbing, electrical facilities, and related manufactured home equipment. f) The method of garbage, waste, and trash disposal must be approved by the City. The owner shall pay any required sewer and water connection fees to the City. h) The owner shall pay inspection and testing fees for utility services to the City. 11) Storage. Exterior storage on individual manufactured home lots shall comply with the provisions of Section 401.15 of this Chapter, except not more than one (1) recreational vehicle may be allowed on a lot. 12) Accessory Buildings. a) Except as specifically regulated by this Section, all accessory buildings shall meet the applicable requirements of Section 401.15 D of this Chapter. 411 b) Limit. Accessory buildings including garages shall be limited to one (1) per manufactured home lot. Maximum allowable floor area shall not exceed six (6) percent of the lot size in manufactured home parks where lot size is delineated by site plan or lot markers. c) Maximum Building Height. Fifteen (15) feet. d) Location. The manufactured home park site plan shall designate the locations proposed for the development of garages and /or accessory buildings on each manufactured home. Said accessory buildings shall comply with the following setback requirements: i. An accessory building shall only be located in side or rear yards. ii. Accessory buildings shall not be located within any utility easements. 26 -5 e) iii. All accessory buildings located on individual manufactured home unit Tots shall be owned, constructed, and maintained by the manufactured home park owner. All accessory structures shall be established as part of a predetermined site plan and subject to the approval of the City Council. Building Type and Construction. Any building addition shall either be manufactured or custom built of materials that are consistent or compatible to the design of the principal building. g "Compatible" means that the exterior appearance of an accessory building is not at variance with the principal building from an aesthetic and architectural standpoint to cause: i. A difference to a degree to cause incongruity with the principal building. ii. A deviation from the general character of the neighborhood. A depreciation of neighborhood values or adjacent property values. iv. A nuisance. Types of nuisance characteristics include, but are not limited to, noise, dust, odors, glare and unsightly building exterior. Design Requirements for Manufactured Home Parks. 1) Park Size. The minimum area required for a manufactured home park designation shall be twenty (20) acres. 2) Lot Size. Individual manufactured home lots: a) Lot Area. Not less than twelve thousand (12,000) square feet. b) Lot Width. Not less than eighty (80) feet. c) Lot Depth. Not less than one hundred (100) feet. d) Each manufactured home lot shall have frontage on an approved roadway and the corners of each manufactured home lot shall be marked and each lot shall be numbered. 26 -6 • • 3 4 a) All streets shall be private streets and shall be developed with a road bed of not less than thirty -two (32) feet in width and shall meet City design specifications. Street plans shall be subject to review and approval of the City Engineer. A reduction in the street width requirement may be allowed by conditional use permit as regulated by Section 401.03 of this Chapter provided sufficient off - street guest parking spaces, as determined by the City, are constructed and maintained at the owner /operator's expense. b) The park shall have a street lighting plan approved by the City. 5) Recreation. All manufactured home parks shall have at least ten (10) percent of the land area developed for recreational use (tennis courts, children's play equipment), swimming pool, golf green, etc.). The recreational use shall be developed and maintained at the owner /operator's expense. 6) Landscaping. a) Each manufactured home lot shall be provided with two (2) trees. The size and type of trees must meet the requirements of Section 401.15.E of this Chapter. b Parking. a) Each manufactured home site shall have off - street parking space for two (2) passenger vehicles. b) All parking spaces shall be hard surfaced according to specifications established by the City. Internal Roads and Streets. A landscape screen meeting the requirements of Section 401.15.E of this Chapter shall be installed and maintained around each manufactured home park. c) All areas shall be landscaped in accordance with a landscaping plan approved by the City Council. 26 -7 4 7 Lighting. a) Artificial light shall be maintained during all hours of darkness in all buildings containing public toilets, laundry equipment, and the like. b) The manufactured home park grounds shall be lighted as approved by the City from sunset to sunrise. c) All lighting within the manufactured home park grounds shall be subject to the requirements of Section 401.15.B.7 of this Chapter. c. Operational Standards for Manufactured Home Park. 1) Maintenance. The operator of any manufactured home park, or a duly authorized attendance and /or caretaker shall be responsible at all times for keeping the manufactured home park, its facilities and equipment, in a clean, orderly, operable, and sanitary condition. The attendant or caretaker shall be answerable, along with said operator, for the violation of any provisions of these regulations to which said operator is subject. 2) Inspection Prior to Sale. Prior to the sale of a manufactured home within a manufactured home park, the operator of a manufactured home park or the duly authorized attendant and /or caretaker must inform the Building Official of the prospective sale and p rovide him with a completed copy of the Manufactured Home Safety Disclosure Form required by Minnesota Statutes, Section 327.07, Subdivision 3A. 3) Permits. Prior to a manufactured home being moved into a lot, the owner shall apply for and obtain a building permit for the (foundation) blocking to State Code and a permit for connection to public sewer and water. The application for permits shall be accompanied by a site plan, drawn to scale, detailing the unit placement, accessory structures, and setbacks. Upgrading. Prior to locating a manufactured home housing unit constructed prior to 1 July 1972, on a lot within a manufactured home park within the City, said unit shall be upgraded to current life safety codes and subject to the approval of the Building Official. 26 -8 • • • d. Maintenance. All private internal streets in manufactured home parks shall be maintained by the park owner in a good state of repair, free from obstructions, encumbrances, depressions, pot holes, and break ups. Snow shall be promptly plowed and removed from streets and adjacent mail boxes and fire hydrants, so that snow or snow piles do not constitute a safety hazard to motorists and pedestrians, or constitute an obstruction to emergency service vehicles. Icy streets and areas adjacent to mail boxes shall be promptly sanded. "Promptly" shall mean no later than twenty -four (24) hours after the end of a snow fall or in the case of ice within twenty -four (24) hours after it was formed. 401.27. R -3, MULTIPLE FAMILY RESIDENTIAL DISTRICT 401.27.A. Purpose. The purpose of the R -3, Multiple Family Residential District is to provide for medium to high density housing in multiple family structures and directly related, complementary uses. 401.27.6. Permitted Uses. The following are permitted uses in an R -3 District: 1. Multiple family dwelling structures. 2. Day care facilities serving twelve (12) or fewer persons. 3. Residential care facilities serving six (6) or fewer persons in single family detached dwellings. City parks and playgrounds. 5. Essential services. 6. Residential care facilities in multiple family structures housing sixteen (16) or fewer persons. 7. Cellular telephone antennas located on a public structure as regulated in Section 401.15.P of this Ordinance. 401.27.C. Interim Uses. The following are interim uses in an R -3 District: 1. None. 401.27.D. Accessory Uses. The following are permitted accessory uses in an R -3 District: 1. All permitted accessory uses allowed in an R -2 District. 2. Off - street loading. 27 -1 EXHIBIT 5 401.27.E. Conditional Uses. The following are conditional uses in an R -3 District: • (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance.) 1 • 1. All conditional uses allowed in an R -2 District. 2. Private marina and boat storage facilities, provided that: a. Sufficient off - street parking area is available to accommodate all marina facility users on -site in designated and improved lots. b. All off - street parking and outside storage areas are fenced and screened in accordance with Section 401.15.E. of this Ordinance. c. Written approval from the State Fire Marshall, Federal Environmental Protection Agency, Minnesota Pollution Control Agency, and Minnesota Department of Natural Resources is obtained for any on or off -water fueling facilities. 27 -2 401.28. R -B, RESIDENTIAL - BUSINESS TRANSITIONAL DISTRICT 401.28.A. Purpose. The purpose of the R -B, Residential Business Transitional District is to provide for high density residential use and for the transition in land use from residential to low intensity business allowing for the intermixing of such uses. 401.28.B. Permitted Uses. The following are permitted uses in an R -B District: 1. All permitted uses allowed in an R -3 District. 401.28.C. Interim Uses. The following are interim uses in an R -B District: 1. None. 401.28.D. Accessory Uses. The following are permitted accessory uses in an R -B District: 1. All permitted accessory uses as allowed in an R -3 District. 2. Commercial vehicle parking. 401.28.E. Conditional Uses: The following are conditional uses in an R -B District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance.) 1. All conditional uses, subject to the same conditions, as allowed in an R -3 District. 2. Medical offices and clinics, dental offices and clinics, professional offices and commercial (leased) offices (limited to appraisers, architects, attorneys, certified public accountants, clergymen, dentists, engineers, manufacturers' representatives, physicians, real estate agents, mail order businesses, and other similar uses which have no exterior storage of merchandise, and are service oriented with no retail sale of goods on the premises), and funeral homes and mortuaries provided that: a. The site and related parking and service entrances are served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. 28 -1 • EXHIBIT 6 • • b. Adequate off- street parking is provided in compliance with Section 401.15.F. of this Ordinance. c. Adequate off- street loading is provided in compliance with Section 401.15.F. of this Ordinance. d. Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement. e. When abutting an R -1, R -2, or R -3 District, a buffer area with screening and landscaping in compliance with Section 401.15.E. of this Ordinance shall be provided. f. All signing and information or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. g g. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 3. Nursing homes and similar group housing, but not including hospitals, sanitariums or similar institutions, provided that: a. Side yards are double the minimum requirements established for this district and are screened in compliance with Section 401.15.E. of this Ordinance. b. Only the rear yard shall be used for play or recreational areas. Said area shall be fenced and controlled and screened in compliance with Section 401.15.E. of this Ordinance. c. All signing and informational or visual communication devices shall be in compliance with Section 401.03.G. of this Ordinance. d. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. e. All State laws and statutes governing such use are strictly adhered to and all required operating permits are secured. f. Adequate off - street parking is provided in compliance with Section 401.15.F of this Ordinance. One (1) off-street loading space in compliance with Section 401.15.F. of this Ordinance is provided. 28 -2 h. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 4. Apartment Density Bonus. Except for elderly housing, a maximum of twenty (20) percent reduction in square feet of lot area per unit for multiple family dwellings of ten (10) units or more as required in Section 401.15.C. of this Ordinance based upon the following bonus features and square foot reduction: Bonus Feature a. Type two construction b. Elevator serving each floor c. One -half (' /2) of the required free parking underground or within the principal structure (not including attached or detached garages) 150 square feet d. One -half (1,4) of the required parking within attached or detached garages e. Indoor recreation and social rooms equal to twenty -five (25) square feet per unit or seven hundred fifty (750) square feet total, whichever is greater f. Major outdoor recreational facilities such as swimming pools, tennis courts or similar facilities requiring a substantial investment equaling at minimum five (5) percent of the construction cost of the principal structure 5. Retail commercial activities provided that: a. Merchandise is sold at retail. b. The retail activity is located within a structure whose principal use is not commercial sales. c. The retail activity shall not occupy more than fifteen (15) percent of the gross floor area of the building. 28 -3 Square Foot Reduction Per Unit 150 square feet 50 square feet 50 square feet 50 square feet 25 square feet • • • d. The retail activity is not located within a structure whose principal use is residential. e. No directly or indirectly illuminated sign or sign in excess of ten (10) square feet identifying the name of the retail business shall be visible from the outside of the building. f. No signs or posters of any type advertising products for sale shall be visible from the outside of the building. g The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. 6. Buildings combining residential and non - residential uses allowed in this district provided that: a. Residential and non - residential uses shall not be contained on the same floor. b. The residential and non - residential uses shall not conflict in any manner. c. The residential building standards as outlined in this section are met. d. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 7. Elderly (senior citizen) housing provided that: a. Not more than ten (10) percent of the occupants may be persons sixty (60) years of age or under (spouse of a person over sixty (60) years of age or caretakers, etc.). b. Except for caretaker units, occupancy shall be limited to man and wife, blood relatives, or a single man or single woman. c. To continue to qualify for the elderly housing classification, the owner or agency shall annually file with the City Clerk and the Building Official a certified copy of a monthly resume of occupants of such a multiple dwelling, listing the number of tenants by age and clearly identifying and setting forth the relationship of all occupants sixty (60) years of age or under to qualified tenants, or to the building. 28 -4 d. There is adequate off- street parking in compliance with Section 401.15.F. of this Ordinance. e. One (1) off-street loading space in compliance with Section 401.03.E of this Ordinance. f. Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with Section 401.15.E. of this Ordinance. g. The site of the principal use and its related parking is served by an arterial or collector street. h. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. i. The principal use structure is in compliance with the Minnesota State Uniform Building Code. J. Elevator services is provided to each floor level. k. Useable open space as defined in Section 401.02.B. of this Ordinance at a minimum equal to twenty (20) percent of the gross lot area. I. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 8. Buildings in excess of three (3) stories or thirty -five (35) feet provided that: a. The site is capable of accommodating the increased intensity of use. b. The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets. c. Public utilities and services are adequate. d. For each additional story over three (3) stories or for each additional ten (10) feet above thirty -five (35) feet, front and side yard setback requirements shall be increased five (5) feet, except for elderly public housing. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 28 -5 • • • • • • 9. Limited warehousing activities provided that: a. Limited warehousing operations that include offices shall be subject to the additional conditions found in Section 401.28.E.2. b. Limited warehousing operations that include retail commercial activities shall be subject to the additional conditions found in Section 401.28.E.5. c. No outside storage of goods and materials is associated with the use. All business related materials shall be completed enclosed within a permanent structure. d. Warehousing goods and materials shall be non - explosive. e. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence. f. All lighting shall be hooded and so directed that the Tight source is not visible from the right -of -way or from a residential zone or use. g. Adequate screening and landscaping from neighboring residential districts is provided in accordance with Section 401.15.E. of this Ordinance. h. There shall be no idling of unattended vehicles allowed on the premises at any time. i. Business activities shall not be permitted before 6:00 am or after 6:00 pm or on Sundays. J. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G. of this Ordinance. k. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 28 -6 MEMORANDUM NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN Telephone: 952.595.9636 Facsimile: 952.595.9837 55416 planners@nacplanning.com ng.com TO: Tom Melena FROM: Scott Richards DATE: December 19, 2000 RE: Oak Park Heights — Wal -Mart Stores, Inc. — Amendment of a Conditional Use Permit for Outdoor Sales FILE NO: 798.02 — 00.17 The Planning Commission, at their December 14, 2000 meeting, g, oted unanimously to recommend an amendment to a conditional use permit to allow for expansion p on of the outdoor sales and storage area at WaI -Mart. The subject site is zoned ed CBD, Central Business District in which open and outdoor sales as an accessory ' ry use is a listed conditional use. The expanded area, to the west of the building, be g, used for storage of items related to outdoor sales. Items stored will include semi-trailers 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 WaI -Mart were present at the ublic hearing. g. Greg Frank of McCombs, Frank, Roos and Associates expressed a concern about Condition i p t Condition 3 in the Planning Report related to combining Lots 3 and 4, Block 1 of WaI -M Addition. Addition. Mr. indicated ndicated that they would agree to the condition to allow the CUP to be approved, but may look at a replat at some later date to change the lot line configuration. guration. Planning Commission members expressed concern about the existing ' g parking lot lights not meeting the full cut off requirements of the Zoning Ordinance. Additionally, they expressed concern about g a out the existing berm and landscaping to the south p g uth of the storage /sales area as it relates to screening for the multi-story residential units ry units in the Boutwell's Landing development. The Planning Commission recommended g commended the amendment to the conditional use permit with two additional conditions related e ated to lighting and landscaping: 1. The applicant shall enhance the landscape plan by plantin g a continuous band of evergreen trees on top of the berm with deciduous trees planted slightly west of the evergreen trees. The landscape plan shall be subject to review and approval of the City Arborist. 2. The City Arborist shall review the existing landscaping on the southerly berm and determine if adequate planting materials are present to provide screening for the residential units in the Boutwell's Landing project. The City Arborist shall approve any additional landscape re lan required to p q adequately screen the outdoor sales and storage area. 3. The plans as they relate to existing easements or utilities are subject to City tY Engineer review and approval. 4. The applicant shall combine Lots 3 and 4, Block 1, Wal -Mart Addition so that the outdoor sales and the screening occur on the same property. 5. All lighting within the outdoor sales and storage area shall be reconfigured econfigured to be compliant with Section 401.15.B.7 of the Zonin g Ordinance as it relates to outdoor lighting. The applicant may consider, but is not required, to reconfigure all lighting within the WaI -Mart site to comply with pY Section 401.15.B.7 of the Zoning Ordinance. 6. Material being stored must be related to the regular business of Wal -Mart. pc: Kris Danielson NORTHWEST ASSOCIATED CONSULTANTS f NORTHWEST ASSOCIATED CONSULTANTS • INC C COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Tom Melena FROM: Cynthia Putz -Yang / Scott Richards DATE: December 6, 2000 RE: Oak Park Heights - Wal -Mart Stores, Inc. Amendment of a Conditional Use Permit for Outdoor Sales FILE NO: 798.02 - 00.17 EXECUTIVE SUMMARY Attached for reference: Exhibit A: Exhibit B: Exhibit C: Exhibit C: ISSUES ANALYSIS Site Location Map Overall Site Plan of Existing Conditions Overall Landscape Plan of Existing Conditions Landscape Plan ENCtosuaE ' Background WaI -Mart Stores, Inc. has applied for an amendment to a conditional a use permit to allow for expansion of the outdoor sales area west of the building at 5815 Norell g Avenue. The expanded area will be used for storage of items related to outdoors sales. es. Item stored include semi - trailers that are used for inventory transporting, st r ry storage carts used for on - site inventory storage, and cardboard boxes or crates for recycling at their y g store at 5815 Norell Avenue. The subject area is located west of the building n the e southwest corner of the property. WaI -Mart is proposing to screen the outdoor storage torage with berms, plantings, and a fence. Comprehensive Plan and Zoning. The subject site is zoned CBD, Central entra! Business i District, in which open and outdoor sales as an accessory use is a listed ry conditional use. The land use plan found in the City Comprehensive Plan uides this area g as 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 612-595-9636 FAX 612-595-9837 E -MAIL NAC@ WINTERNET.COM Central Business District in which a retail use is conforming. The proposed outdoor sq194js accessory use relating to the indoor retail use. Conditional Use Permit Criteria. Section 401.301.E.2 of the Zoning Ordinance requires the consideration of the following criteria for open and outdoor sales as an accessory use in the CBD, Central Business District: a. Outside service, sales and equipment rental connected with the principal use is limited to thirty (30) percent of the gross floor area of the principal use. Comment: The gross floor area of the building is 93,188 square feet. The outside sales area will not exceed 30 percent of this number. b. 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. Comment: With the existing berm and landscaping on the south side of the property, the area is not within view of residential uses or a residential district. c. 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. Comment: No new lighting is proposed. d. Sales area is grassed or surfaced to control dust. Comment: The area is surfaced with concrete. e. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. Comment: With adequate screening, the proposed use is not expected to cause any adverse effects and is consistent with the provisions of Section 401.03.A. 7. f. Boats, jet -skis, ATVs and other small motorized vehicles are stored indoors at night. Comment: None of these items are expected to be stored or sold. Screening. The items being stored are expected to generally range in height from g y g g om eight to ten feet. The area is currently screened from 58 Street North by a five to six - foot -tall berm that is planted with eight to twelve- foot -tall spruce trees. A four - foot -tall berm planted with spruce, pine, and ash trees is proposed west of the storage area for screening of the view from Norell Avenue North. A six -foot -tall solid fence made of 2 western red cedar is also proposed at the northwest corner of the storage area to supplement the spruce trees between the storage area and Norell Avenue ue North. Staff finds that the proposed ash trees will not rovide adequate screening, ' p q Wing, especially in winter months, and would like to see a continuous band of evergreen trees es on top of the berm with deciduous trees planted slightly west of the evergreen trees. The he landscape plan is subject to the review and approval of the City Arborist. Ownership of Land. The proposed berm and landscaping are on a separate lot g p e of (Lot 4, Block 1 Wal -Mart Addition) that is also owned by Wal -Mart. The City would y d prefer WaI - Mart to combine the two lots so that the use being screened and the screening g occur on the same property. • • Location of Outdoor Sales /Storage. Parking is located north of the ' g e building; therefore, the use will have no impact on arkin . Loading is located on � g g the west side of the building. As long as the storage for the sales area is located near ear the west property line, it should not interfere with loading activities. The storage area must g g be limited to the portion of the site that is west of the building, of the garden g den center, and close to the west property line on a paved surface. RECOMMENDATION Staff recommends approval of the amendment to the conditional use ermit p to allow for expansion of the open and outdoor sales area at the store at 5815 Norell Avenue with the following conditions: 1. The applicant shall enhance the landscape plan by planting a continuous band of evergreen trees on top of the berm with deciduous trees planted slightly west of the evergreen trees. The landscape plan shall be subject to review and approval of the City Arborist. 2. The plans as they relate to existing easements or utilities are subject to City Engineer review and approval. 3. The applicant shall combine Lots 3 and 4, Block 1 Wal -Mart Addition so that the outdoor sales and the screening occur on the same . ro ert p p Y 4. Material being stored must be related to the regular business of Wal -Mart. pc: Kris Danielson 3 ad: ;l LE WP ill11 "AO WI r 110 IBM 21Ir 1 . 11 . PL wow' arum ljjaL11; mum v 11111311mi SOU li .. , • ,..., a v .. "91.,..:i.,,:1 1 11 0 .,...A._ .....,..._;, ,.....-14111111 . _____ ._ .. „ ,,,,, ,,.., ,r, ,,,,..,.„„ ::!::::.,i,:3,1"...Ne - , ritual! 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"34 it r--- 'V ---ce '1 0 z t CNI CO s 0) 00 z 51: z rzl c., uJ 0 8 mtE a RE CE,v ti i ZgO s W big h I WI lid tiI en a ti 3 1 z City of Oak Park Heights ENCLOSURE PLANMNG COMMISSION: 2001 CITY COUNCIL MEETING REPRESENTATION SCHEDULE January qcts February March April May June July Commissioner Commissioner ate-- Lad eloi dektu"a• Commissioner Commissioner Commissioner Commissioner Commissioner