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HomeMy WebLinkAbout2005-02-08 CC Meeting Packet EnclosureENCLOSU JX Oak Park Hei Re for Council Action Meetin Date F q br qM 8h, 2005 — A Item Title Wd-lea rt.Rezo m-in Time: 10 minutes A Placement New B J i ori g inat" Department/Re E ot j &n Ing Citv Admi nistrator Re Si Action Re Consider Rez" oV uest apq Back ( Please indi bodies have advi-sed)-% I ifA previous action has been taken or if other public 0 Please see attachments from Scott Richards. L Plannin Report — Januar 6th, 2005 0 0 I Pla inin Comumsion Recomwan"en dllin 3. Cit Council Resolution o' 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: ?63.23" .2555 Facsimile: 763.231.2561 plan ners @n.aoplanning.00m PLANNING REPORT To: Eric Johnson FROM: Scott Richards GATE: January 8, 2005 RE: oak Park Heights --- Central Business District: Comprehensive Plan And Rezoning Request — Wal -Mart and surrounding Area FILE NO: 798.02 -- 04.16 e Erik Miller, representing Wal -Mart stores, Inc., has made application for a Comprehensive Plan amendment and a request to rezone the Wal -Mart property and expansion area from CBD, central Business District to B -2, General Business District. The Wal -Mart property was originally zoned B -2 when the project was approved in 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 'Val -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 Village project has an approved concept plan and a portion of that, the Villas, has general plan approval. The area to the south, along 58 street, has an approved concept plan 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 Wal -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 possible Comprehensive Plan amendment and rezoning. Attached for reference: Exhibit 1: comprehensive Plan Land Use Designations and Planning District 11 Exhibit 2: Current zoning Exhibit 3: Land Use /Zoning Amendment Study Area Exhibit 4: Wal -Mart Expansion Plans Exhibit 5: CBD, central Business District Exhibit 8: B-2, General Business District Exhibit 7: District setback Requirements Exhibit 8: Area and Building Freight Requirements ISSUES ANALYSIS Comprehensive Flan. 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 pillage 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 pillage 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 alone, 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 bo 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 0) 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 non - 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 Flan would treed to be changed to reflect a commercial instead of a CBS] land designation. The text in Planning District 11 would also treed 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 fend 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. Development of the area has always been directed toward commercial use. Additional retail and service uses have been planned for and expected for this prop erty. g. 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. L The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Specific development proposals small 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. OIL f mmme 1 Based upon the preceding review and analysis, city staff recommends that the Planning Commission redesignate the land use and rezone the veal -Mart and proposed expansion area from CBD to commerciall13-2 District. In addition, the Planning Commission should review areas to the north and east of the oval -Mart property for possible redesignation and rezoning. It is suggested that the Planning Commission r� move forvvard with the Wal-Mart request at their January 13, 2005 meeting, even if a decision has not been made on the other areas. 61 RESOLUTION NO, CITY COUNCIL CITY OF OAK PARIS HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY WAL -MART FOR A CHANGE IN COMPREHENSIVE PLAN LAND USE DESIGNATION FROM CENTRAL BUSINESS DISTRICT TO COMMERCIAL AND A CHANGE IN ZONING FROM CBD, CENTRAL BUSINESS DISTRICT TO B -2, GENERAL BUSINESS DISTRICT FOR PROPERTY AT 5815 NORELL AVENUE NORTH WHEREAS, the City of oak Park Heights has received a request from Wal-Mart for a change in Comprehensive Plan land use designation from Central Business District to Commercial and a change in zoning from CBD, Central Business District to B -Z, general Business District for property at 5815 Norell Avenue Forth; and after having conducted a public hearing relative thereto, the Planning Commission of oak Park Heights recommended that the request be approved with conditions. The City Council makes the following findings of fact and resolution: follows, to wit: and The real property affected by said application is legally described as SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Comunnunity Development Department consisting of the following items: and SEE ATTACHMENT B 3. The subject site and planned Wal-Mart expansion area is designated and zoned as Central Business District. The applicant proposes a change of land use to Commercial and zoning to B -2, General Business District; and 4. City staff prepared a planning report dated January 6, 2005 and January 27, 2005 reviewing the request for a change in the Comprehensive Plan and zoning classification; and 50 Said reports provided background information, maps, and analysis of the land use and zoning issues for the CBD; and 6. The Planning Commission held a public hearing at their January 13, 2005 meeting, took comments from the applicants and the public and continued the meeting to a special meeting held on February 1, 2005. The Planning Commission also requested a joint work session with the City Council to discuss the CBD for the same date; and 7. The City Council and Planning Commission held a work session on February 1, 2005 to discuss the Central Business District land use and zoning issues; and 8. At the February 1, 2005 Planning Commission special meeting, the Planning Commission took comments from the applicant, closed the public hearing, and recommended that the land use designation be changed to commercial and the zoning to B -2, General Business District for the Wal -Mart property and expansion area. NOW, THEREFORE, BE IT RESOLVED BY THE CITE" COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Wal-Mart for a change in Comprehensive Plan land use designation from Central Business District to Commercial and a change in zoning from CBD, Central Business District to B -2, General Business District for property at 5815 Norell Avenue North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park heights subject to the following conditions: I , That approval is contingent upon Metropolitan Council review and approval of the change in land use designation from CBD to Commercial. Approved by the City Council of the City of teak Park Heights this 8 day of February 2005. David Beaudet, Mayor ATTEST: Eric A. Johnson, City Administrator 2 Attachment A Washington county GEO code: 05.29.20.12.0034 Legal Description: Lots 3 & 4, Block 1, Wal -Mart Additon Physical Address: 5815 Norell Ave. N. U A r i Comprehensive Plan & zoning District Amendments Wal -Mart Stores, Inc. — 5815 Norell Ave. N. ,Application Materials • Application Form • Fees • Plan sets (3 Large scale Sets /20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington county (500'from subject property) • Proof of ownership or Authorization to Proceed • Property Tax Statements )/Legal Description(s) Conference With city staff upon Application Submittal ............ ..... AT11010 W M_ I Planning Commission 4/5 415 City Council 4/5 415