HomeMy WebLinkAbout2005-02-15 NAC Ltr to Metropolitan Council RE Land Use Change & RezoningDear Madam/Sir:
February 15, 2005
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highvvay, Suite 202, Golden Valley, MN 66422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
Reviews Coordinator
Planning and Technical Assistance Unit
Metropolitan Council
Mears Park Centre
230 East Fifth Street
St. Paul, MN 55101-1634
RE: Oak Park Heights — Wal-Mart Land Use Change and Rezoning
FILE NO: 798.02 — 04.16
The Oak Park Heights City Council, at their February 8, 2005 meeting, approved a land
use designation change for the Wal-Mart property and an expansion area in the Central
Business District subject to Metropolitan Council review. The designation of the
property was changed from Central Business District to commercial land use. In
coming months, the Planning Commission will be discussing the remaining properties of
the Central Business District to determine if the entire area should be changed back to a
general commercial land use designation.
The change is considered minor in that there should be no local or regional effect as a
result of the amendment. Both of the land uses are commercial in nature and there are
no sewer, traffic, population, or other regional system implications as a result of this
change.
If you require additional information or have any questions, please do not hesitate to
contact me or Eric Johnson, City Administrator at 651/439-4439.
Sincerely,
NORTHWEST ASSOCIATED CONSULTANTS, INC.
Scott D. Richards, AICP
Senior Planner
pc: Eric Johnson
COMMUNITY PROFILE AND BACKGROUND
1. Provide the following community information.
Local governmental unit City of Oak Park Heights
Contact name Eric A. Johnson
Contact title City Administrator
Address 14168 oak Park Boulevard, P.O. Box 2007
City, State, and Zip Oak Park Heights, MN 55082
Telephone number 6511439 -4439
FAX number 651/439-0574
Email address johnsonciyofoakprkflLqhts.com
Date of preparation February 15, 2005
2. Identify type of amendment. Check all that apply:
x
2a. Land use change. Complete questions 1-28 and describe:
2b. MUSA Expansion. Complete questions 1 -34 and describe :
2c. Text Change. Complete questions 1-6 and 7 -28, as applicable, and describe:
2d. Other. Describe:
3. Provide a description of the amendment.
Name of amendment Wal -Mart Comprehensive Plan and Rezoning Request
General location Near the intersection of Highway 36 and Norell Avenue North
Brief description WaI -Mart Stores has requested a Comprehensive Plan amendment
and a rezoning of the Wal -Mart property and an expansion area from
CBD, Central Business District to a commercial land use and a B-2,
General Business District. The change has been requested to allow
the expansion of the Wal -Mart store to a Super Center and to allow
automotive uses that are currently not allowed in the Central
Business District zone.
Affected area, in acres 24.3 acres
4. Indicate official local status of the plan amendment. (Check all that apply.) The local
governing body must take action on the proposed amendment before submittal to the
Metropolitan Council. Include staff report to the planning commission or governing body
when submitting this form.
Action Date of Action,
Acted upon by Planning Commission February 10, 2005
Approved by City Concil, contingent upon Metropolitan February 22, 2005
Council review
x
x
January 2005
3
5. Indicate if the City determined whether the proposed amendment would impact adjacent
communities and other jurisdictions and identify which ones have been notified (M.S.
473.858, Subd. 2.). Select one of the follow options:
x
List adjacent local governments, school districts, watershed organizations and other
jurisdictions and the date the copies were sent.
Plan amendment will not impact adjacent local governments, school districts, watershed
organizations and other jurisdictions, based on community's judgement and completion of
this form.
January 2005 4
IMPACT ON LAND USE
6. Describe land use changes in acres, applicable to this amendment site, using the following
tables and filling in the community's specific land use categories:
x
Not Applicable.
Total
�
CPA = Comprehensive Plan Amendment
7. Does this plan amendment increase or decrease the community's household, population or
employment forecasts, as shown in the 2030 Development Framework? If so, complete the
applicable lines of the following table.
Not Applicable, no change in forecasts, skip to question 8.
C t i Forecasts
Pre Amendmen
Households
Population
Employment
2010
-wide Forecasts
Post Amendme
CONFORMANCE WITH REGIONAL SYSTEMS
Transportation
Traffic
8. Complete the following table using the Institute of Transportation Engineers Trip
Generation Manual, 6 Edition, to show whether this plan amendment increases or
decreases trip generation from the planned land use and transportation element of the
community's comprehensive plan.
x
Not applicable, no changes in trip generation, skip to question 10.
Est. average daily traffic
Est. peak hour traffic
r e rati o for the site
Pla n n a n Use
s t A me n
January 2005
5
9. Will these changes require improvements to the existing local and regional road network or
interchanges, beyond what is in the community's current transportation plan?
x
Access
No, existing local and regional road network can accommodate increase.
Yes, describe improvements and who will pay for them:
10. If the site has direct access to a principal or "A" minor arterial, is location and spacing
consistent with applicable County guidelines or MnDOT's Access Management Guidelines
(http://www.oim.dot.state.mn.us/access/index. html)?
x
Not applicable, no direct access to a principal or "A" minor arterial.
No, explain:
Yes, describe:
Transit and Other Modes of Transportation
11. Will this amendment enhance access to transit services, increase or decrease the demand
for transit services or warrant the extension of new transit service?
x
Not applicable, currently not served by transit nor warrant extension of services.
No, will not affect transit.
Yes, list existing routes, describe changes and identify proposed /necessary transit facility
improvements (e.g. shelters, park and rides):
12. Does the plan amendment include Traffic Demand Management (TDM) strategies or land
use and urban design measures, if applicable?
x
Not applicable.
No, explain:
Yes, describe (e.g. car and van pooling, flexible work hours, mixed land uses that
discourage vehicle trips and promote walking, biking, ridesharing, and transit }:
13. Does the plan amendment include pedestrian and bike access and facilities, including
crosswalks, bridges, trails, sidewalks, and bike racks, if applicable?
x
Not applicable
No, why not:
Yes, describe: A crosswalk will be added on Norell Avenue and a sidewalk is planned to
connect to the Wal -Mart front entrance.
Wastewater Treatment
14. What type of wastewater treatment will be utilized to serve the proposed development?
x
q
Individual Sewage Treatment Systems (ISTS), skip to question 18.
Privately Owned /Community Treatment System, skip to question 18.
Local /Municipal Owned Wastewater Treatment Plant, answer question 15 and skip to
uestion 18.
Regional Wastewater Treatment, complete questions 15 -17.
January 2005
6
15. Complete the following table, to show whether this plan amendment increases or
decreases wastewater flow from currently planned land use and sewer flow projections.
x 1 Not Applicable, no changes in flow, skip to question 18.
Mgd = million gallons per day
16. Identify interceptor(s) that will be impacted by these changes and indicate if flows will be
diverted from one interceptor service area to another?
17. Does the plan amendment include any wastewater flow to an adjacent community? For
new intercommunity agreements, the receiving community must also amend the sewer
element of its plan.
No
Yes, enclose a copy of the inter - community agreement.
Aviation
18. Does the plan amendment affect any airport functions?
x
p
Not applicable, site not within airport influence area or search area, skip to question 19.
No, skip to question 19.
Yes, describe relationship to airport safety /noise zones, land use compatibility or other
ossible impacts:
Recreation Open Space
19. Does the amendment include, or is it adjacent to or within %2 a mile of an existing or
planned regional park, reserve or trail, as identified in the Regional Parks and Open Space
System Plan (
x
No.
Yes, describe potential impacts and mitigation plans:
20. Does the amendment include regionally important natural resources as identified, in the
Regional Parks and Open Space System Plan, the Regional Natural Resources
Inventory /Assessment or a local natural resources inventory (The Recreational and Natural
Resources Protection Map is available on the Council's website at
htt :Ilwww. metrocouncil.or 1 Tannin /frameworkfdocuments. htm)
x
No.
Yes, identify resource and describe plans and proposed funding sources to protect it:
January 2005
7
Total CQrnmun ty flow
P re! Amendment (mgd}
Total Communi Flow
< Post Amendmen (mgrs}
2000
2010
2020
15. Complete the following table, to show whether this plan amendment increases or
decreases wastewater flow from currently planned land use and sewer flow projections.
x 1 Not Applicable, no changes in flow, skip to question 18.
Mgd = million gallons per day
16. Identify interceptor(s) that will be impacted by these changes and indicate if flows will be
diverted from one interceptor service area to another?
17. Does the plan amendment include any wastewater flow to an adjacent community? For
new intercommunity agreements, the receiving community must also amend the sewer
element of its plan.
No
Yes, enclose a copy of the inter - community agreement.
Aviation
18. Does the plan amendment affect any airport functions?
x
p
Not applicable, site not within airport influence area or search area, skip to question 19.
No, skip to question 19.
Yes, describe relationship to airport safety /noise zones, land use compatibility or other
ossible impacts:
Recreation Open Space
19. Does the amendment include, or is it adjacent to or within %2 a mile of an existing or
planned regional park, reserve or trail, as identified in the Regional Parks and Open Space
System Plan (
x
No.
Yes, describe potential impacts and mitigation plans:
20. Does the amendment include regionally important natural resources as identified, in the
Regional Parks and Open Space System Plan, the Regional Natural Resources
Inventory /Assessment or a local natural resources inventory (The Recreational and Natural
Resources Protection Map is available on the Council's website at
htt :Ilwww. metrocouncil.or 1 Tannin /frameworkfdocuments. htm)
x
No.
Yes, identify resource and describe plans and proposed funding sources to protect it:
January 2005
7
CONSISTENCY WITH COUNCIL POLICY
Natural Resources
Environmental Reviews
21. Will /has an environmental review (Environmental Assessment Worksheet, Environmental
Impact Statement or Alternative Urban Areawide Review) be /been completed for the site
(check all that apply)?
x
Surface Water Management
22. Does the plan amendment propose any impacts to wetlands located on the site?
x
23. Will stormwater runoff generated from proposed development be treated on -site? The
Council's website contains resources on stormwater management techniques at
htt• . //www.metrocouncil.or / lan n i n • /assistance/resources.htm.
x
No, none required.
Yes, indicate type of review and approximate date of completion and include a summary of
findings, if completed:
Not applicable, no wetlands on the site.
No impacts to wetlands located on the site.
Yes, describe the type of wetland, potential impacts and mitigation plans:
Not applicable, no development proposed.
No, check one of the following and describe:
Runoff will receive no treatment:
Runoff will be treated off -site, identify off -site treatment facility:
Yes, describe type and level of on -site pollutant removal treatment/mitigation plans:
On -site stormwater ponds are proposed in compliance with the City and Brown's Creek
Watershed District requirements.
24. Have conservation oriented design principles been incorporated into the plan amendment,
such as open space design, clustering, conservation easements, low impact development
storm water management techniques, native vegetation buffers and/or landscape design?
Not applicable.
No, explain:
Yes, describe:
Water Supply
25. Will the proposed plan amendment increase or decrease projected water use from the
community's current water supply plan?
Not applicable.
No increase or decrease in projected water use from water supply plan.
January 2005
Yes, provide water supply plan amendment to describe necessary facilities improvements
or changes:
MNRRA /Critical Area Plan
26. Does the plan amendment include any land within the designated Mississippi National
River and Recreation Area (MNRRA) and Critical Area (CA) boundaries'?
x
Not applicable, not a community within MNRRA or CA boundaries.
No, site is not within MNRRA or CA boundaries.
Yes, describe how Critical Area guidelines and voluntary MNRRA Comprehensive
Management Plan policies are being addressed:
Housing
27. Does the proposed amendment increase or decrease the acres of medium or high density
residential land staged for development between 2000 and 2010? Identify the number of
acres of developable land stage for development 2000-2010 city -wide for medium and
high density residential or mixed use development:
Not applicable, no sewered residential land use changes.
Medium Density Residential
High Density Residential
Mixed Land Use with Multifamily Component
evelopable* Acres
it Wide
Pre amendme
Developable* Acres
City VVid
Post Amendment
* "Developable" may include land that is identified for infill or redevelopment.
Implementation
28. Will the plan amendment require changes in zoning or subdivision ordinances, Capital
Improvement Program (CIP), or other official controls?
No.
Yes, describe proposed changes and timeline:
A change in zoning designation has been approved by the City Council to rezone the
property from CBD, Central Business District to B -2, General Business District.
MUSA Expansion or Staging Changes Only
The following information is only required for comprehensive plan amendments proposing a
MUSA expansion or development staging change at a net density Tess than 3 units /acre. This
information is needed so the Council can review and evaluate the amendment for potential
impacts to the regional systems.
29. Complete the attached table, documenting both average net density of sewered residential
development within the Community since 2000 and remaining land guided for residential
uses to 2020. These tables are available on the Council's website in Microsoft Excel
format, with automatic calculation of net residential acres, net density, and estimated
developable acres. htt : / /www. metrocouncil.or 1 tannin lassistancelresources. htm.
January 2005 9
30. Does the local wastewater system have adequate capacity, or staged capacity to
accommodate the proposed development:
Yes, explain:
No, explain:
31. Does the regional wastewater system have adequate capacity, or staged capacity to
accommodate the proposed development:
Yes, explain:
No, explain:
32. Has the community and /or Met Council identified an inflow and infiltration ( problem.
Yes, describe the steps taken to address the 1/1 issue and plans for future action:
No, the CityITwp does not have an identified 1/1 problem.
33. Does the community have the following:
33a. Parks & Open Space Plan (including regional park components)
Yes, identify:
No.
33b. Stormwater Management Plan (including best management practices and
implementation strategies):
Yes, identify:
No.
33c. Natural resources protection ordinances (including wetland, tree preservation, steep
slopes, etc):
Yes, identify:
No.
34. Did the Council's review of the Community's 2020 Comprehensive Plan Update identify
outstanding issues or conditions?
Yes, describe the steps taken to address the issue and plans for future action (below):
No, the Council's review did not identify any issues or conditions.
Issue /Condition
(e.g.) Tier II Sewer Plan
January 2005 10
Steps taken or future planned actions, including date
City Engineer drafting. Will submit to Council for review by May 2005.
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aining Land Guided for Residential Uses to 2020
Final\CPA submittal form Updated January 2005.doc
January 2005
Residential Projects Approved & Constructed 2000-present
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: January 6, 2005
RE:
FILE NO:
BACKGROUND
NORTHWEST ASSOCIATED CORISWI„TAtdTS, INC.
798.02 — 04.16
4E300 Off: &ten: Memorial Highway, Suite 202. Golden Valley,. MN 65422
Terk3 hOfl : 763.231..2555 Fac : i t : 763.231.256'i psi a:rl rter ai na :p Ja n:m i ng.. rn
Oak Park Heights — Central Business District: Comprehensive Plan
And Rezoning Request --Wal -Mart and Surrounding Area
Erik Miller, representing Wal -Mart Stores, Inc., has made application for a
Comprehensive Plan amendment and a request to rezone the Wal-Mart ro ert and
P � y
expansion area from CBD, Central Business District to B -2, General Business District.
The WaI -Mart property was originally zoned B-2 when the ro'ect was approved in
p J pp
1992. The Comprehensive Plan and zoning for the property was changed in 1998 when
the City approved the concept for the Central Business District in the area that included
Wal -Mart. The land use classification was changed to CBD, Central Business District
and the zoning was also changed to CBD. A Central Business District Plan was
developed and Central Business District Design Guidelines were adopted for the area.
Since the creation of the CBD, most of the east and south portions of the area have
been approved for PUD concept and general plans. The Oakgreen project e "ect has
P
an approved concept plan and a portion of that, the villas, has general plan approval.
The area to the south, along 58 th Street, has an approved plan t lan for a
combination of office and upper floor residential. The Central Business District zone
and design guidelines were created to encourage mixed use development.
The current request from Veal -Mart is to change the Comprehensive Plan and rezone
the existing property as well as their proposed expansion area to the east from CBD to
B-2. As part of that consideration, the City should also discuss the other areas of the
CBD that are not currently under a concept or general plan approval. That would
include primarily that area from Norrel Avenue east, and north of the Oakgreen Village
project. Exhibit 3 indicates that area included in the discussion for P ossible
Comprehensive Plan amendment and rezoning.
Attached for reference:
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
Exhibit 6:
Exhibit 7:
Exhibit 8:
ISSUES ANALYSIS
Comprehensive Plan Land Use Designations and Planning District 11
Current Zoning
Land Use /Zoning Amendment Study Area
Wal-Mart Expansion Plans
CBD, Central Business District
B -2, General Business District
District Setback Requirements
Area and Building Height Requirements
Comprehensive Plan. The property in the subject area was originally designated for
commercial land use. The Central Business District designation in 1998 was based on
a specific plan that included a downtown concept with mixed use residential, retail,
service and entertainment in a compact traditional style similar to what had been
created in Maple Grove. The planned unit development approvals for the Oakgreen
Village concept were generally in conformance with the CBD plans. As part of the CBD
plans, it was anticipated that Wal -Mart would expand, but not to the extent in terms of
land area that has been currently proposed. Additionally in the past year, numerous
entities have discussed very preliminary plans for large retail operations for that
property directly to the east of Wal -Mart. With the adopted plans for Oakgreen Village
and the proposed expansion of Wal-Mart, it is unlikely that there would be adequate
property to do a traditional downtown concept in the center of the CBD. Eliminating the
CBD land use designation for these properties except for the Oakgreen Village area
should be considered by the Planning Commission /City Council.
Zoning. The CBD zone created in 1998 was designed to accommodate mixed use
commercial /residential development and stand atone, townhouse, and high density land
use. The CBD differs from the B -2 zone in numerous ways but primarily there are no
minimum lot area, width, or setback standards for the CBD. Additionally, the CBD does
not allow automotive related uses such as service stations, automotive repair or tire
stores. The Wal -Mart proposal has a fuel station and automotive repair which would
include tires, batteries, and oil changes. These aspects of the Wal -Mart proposal
cannot be done under a CBD zoning.
Wal -Mart has requested the zoning for their existing property and for the expansion
area. As part of that request, the City is also suggesting that the immediate area
surrounding the property to the east be considered for rezoning to B-2. That would
include all that property to the east of the Wal -Mart expansion to Novak Avenue but
excluding the Oakgreen Village area to the south. The Planning Commission and City
Council should also discuss a rezone of that area along the 60 Street frontage road
east of Novak Avenue.
If definitive recommendations can be made by the Planning Commission on the area to
be rezoned, the request would go to the January 25, 2005 City Council meeting. If
2
additional information is needed by the Planning Commission on the areas other than
the Wal -Mart request, City staff would request that the Planning Commission act on the
Wal -Mart rezoning application and move that recommendation forward to the City
Council.
Another option to rezoning the property would be to leave the CBD zoning in place but
change the text of the district to include automotive related uses as a conditional use.
The land area, lot width, setbacks, and other standards would also need to be changed.
This may not be a reasonable option in that we would be creating another B -2 zone.
Additionally, the Oakgreen village development has all been planned based upon a
CBD zoning. Changing the zoning district requirements may create a number of none
conformities before the project is constructed.
Zoning Criteria. Section 40.03.A.7 of the Zoning Ordinance lists criteria for review of a
proposed zoning amendment. A review of these criteria is as follows:
a. Relationship to the specific policies and provisions of the municipal
comprehensive plan.
As indicated previously in this report, the Comprehensive Plan would need to be
changed to reflect a commercial instead of a CBD land designation. The text in
Planning District 11 would also need to be revised to reflect the change in land
use.
b. The conformity with present and future land uses in the area.
The area under consideration had previously been planned and zoned for
commercial use. The CBD zoning is similar but defines the types of uses more
narrowly than the B -2 District. The CBD plans had also envisioned an expansion
of the Wal -Mart and retail type uses in the area to the east.
c. The environmental issues and geographic area involved.
The environmental issues, especially as it relates to stormwater runoff, will be
addressed no matter what type of commercial land use occupies the site.
d. Whether the use will tend to or actually depreciate the area in which it is
proposed.
The investment made to the property will be substantial and actually tend to
increase property values in the area.
e. The impact on character of the surrounding area.
The change of land use designation and zoning classification will not impact the
character. All new development will need to comply with existing zoning
standards and design guidelines. Site review of specific development plans will
3
result in projects that will minimize any negative impact on surrounding
properties.
f. The demonstrated need for such use.
g
Development of the area has always been directed toward commercial use.
Additional retail and service uses have been planned for and expected for this
property.
Traffic generation by the use in relation to capabilities of streets serving the
property.
Proposed development in the area will be reviewed for traffic impact subject to
review and approval of the City Engineer and City Council.
h. The impact upon existing public services and facilities including parks, schools,
streets, and utilities, and the City's service capacity.
These should be no service related issues as a result of the change in land use
designation and zoning. Since annexation, the property has been planned for
commercial use.
1. The proposed use's conformity with all performance standards contained herein
(i.e., parking, loading, noise, etc.).
Specific development proposals shall be reviewed against the City's zoning
standards and design guidelines.
Central Business District Design Guidelines /Design Guidelines. Properties zoned
CBD are subject to the Central Business District Design Guidelines while properties in
the B -2 District are subject to the general commercial Design Guidelines. The CBD
guidelines are more specific and restrictive than the general Design Guidelines. The
CBD guidelines were written for a specific "traditional downtown" appearance for
development of this area. As indicated, it is very unlikely that a true downtown concept
would ever be achieved in this area. With the Wal-Mart and other large format retail
stores, the CBD guidelines are not appropriate. The general Design Guidelines are
more appropriate for that type of commercial development. For instance, the recent
Kohl's development was planned under the general Design Guidelines.
CONCLUSION/RECOMMENDATION
Based upon the preceding review and analysis, City staff recommends that the Planning
Commission redesignate the land use and rezone the WaI -Mart and proposed
expansion area from CBD to commercial /B -2 District. In addition, the Planning
Commission should review areas to the north and east of the Wal -Mart property for
possible redesignation and rezoning. It is suggested that the Planning Commission
4
move forward with the Wal -Mart request at their January 13, 2005 meeting, even if a
decision has not been made on the other areas.
5
City of Oak Park Heights
ZONING DISTRICT
Low Density Estate Residential
Low Density Residential
Medium Density Residential
1111 High Density Residential
Quasi-Public Facilities
School Facilities
Government Facilities
CBD
Commercial
Business/Residential Transitional
Industrial
111111 Business Warehouse
Park Facilities/Open Space
Estate Residential/Golf Course/
Parks and Open Space
Wetland/Ponding Areas
610 305
COMPREHENSIVE PLAN
EXISTING LAND USE DESIGNATIONS
610 Feet
1 64. 14,4 1
ittiodu
16,a
williffn IVA
in MEM
vim
City of Oak Park Heights
ZONING DISTRICT
Low Density Estate Residential
Low Density Residential
Medium Density Residential
High Density Residential
Quasi - Public Facilities
School Facilities
Government Facilities
CBD
hi
Commercial
11111 Industrial
Business Warehouse
610 305
Business /Residential Transitional
Park Facilities /Open Space
Estate Residential /Golf Course/
Parks and Open Space
Wetland /Pond i ng Areas
0
COMPREHENSIVE PLAN
PROPOSED LAND USE DESIGNATIONS
610 Feet